Filing A Wrongful Death Claim Here In Houston, Texas
- Attorney Niles J. Sneed

- Jan 23
- 12 min read
The unexpected death of a loved one is one of the most painful experiences a family can endure, and especially when it was preventable. When a company engages in negligence, recklessness, or intentional act causes a fatal accident, Texas law provides a legal path for surviving family members to hold the responsible party accountable. This is when our attorneys step forward and file an worngful death claim This process, allows spouses, children, and parents to seek justice and recover compensation for the emotional and financial hardships left behind.
In the midst of grief, navigating the legal system may feel overwhelming. But you don’t have to face this alone. At Sneed & Mitchell LLP, our experienced Houston wrongful death attorneys understand both the legal complexity and the emotional toll of these cases. We work tirelessly to protect your family’s rights, preserve critical evidence, and fight for the maximum compensation available under the law.
This guide explains everything you need to know about filing a wrongful death lawsuit in Texas, including who can file, what must be proven, how damages are calculated, and how the probate process may impact your claim. If you’ve lost a loved one and believe negligence was involved, we’re here to help you take the next step with strength, compassion, and clarity.
What is a Wrongful Death Claim?

Wrongful death claims are civil lawsuits asserted by the surviving family members or legal beneficiaries of someone who died as a result of another party’s negligent, reckless, or intentional conduct. Our law firm files these cases to allow our clients to pursue financial compensation for the personal and economic losses caused by the death. While criminal charges may also be filed against the responsible party, those cases are largely seperate and distinct. Wrongful death lawsuits are entirely separate from criminal proceedings. Importantly, even if a defendant is acquitted in criminal court, they can still be held civilly liable for wrongful death under the lower "preponderance of the evidence" standard.
Texas law governs wrongful death claims through the Texas Civil Practices and Remedies code which that outline what parties can file and what damages are available for familes after a loss of life. In most cases, eligible parties include spouses, children, and parents.
The damages our attorneys seek in wrongful death actions compensate for the loss of financial support, emotional suffering, and the decedent’s contributions to the household. These damags are extensive, and our attorneys specialize in ensuring families secure all the funds neccessary to support the rest of their lives. Civil courts throughout Greater Houston also evaluate the deceased’s earnings at the time of death, expected future income, and the degree of dependence by surviving family members. Compensation may also include funeral and burial expenses, pre-death pain and suffering, emotional distress, and, in cases involving gross misconduct, punitive damages designed to punish and deter similar wrongdoing.
If your loved one was killed a wrongful death accident here in Texas, call 866-434-0014 to speak with a Houston wrongful death lawyer now.
Examples of Current Wrongful Death Cases Filed By Our Law Firm
When you lose someone you love, Sneed & Mitchell is the wrongful death law firm to call. Our team is comprised of some of the most skilled and talented trial lawyers in Harris County and handles cases from coast to coast, and are known for our results in wrongful death lawsuits.
Some of our recent wrongful death cases include the following:
Case filed for Family of an Offshore Worker Killed in a Ship Crash
Representing the Family of an Man That Died In An Unventilated Warehouse
Case Filed for the Widow of a Man Killed While Working At a Local Venue
Representing the Family of a Child Killed in a Trucking Accident
Representing a Family of a Man and Women Killed in a Construction Zone
We handle the newsworthy cases and fight aggressively to unsure your family is given the best chance at an award-winning recovery. Let our experience be your greatest asset against the company responsible for your loss.
Determining Eligibility: Who Can File a Wrongful Death Claim in Houston Texas?
Here in Houston, Texas, only certain close relatives of the deceased are permitted to file a wrongful death claim. The individuals legally allowed to pursue compensation include the following:
A surviving spouse, including those in a recognized common-law marriage
The deceased’s biological or legally adopted children
The biological or adoptive parents of the deceased
The family listed here can file the lawsuit either jointly or individually. Unfortunately, Texas doesn't recognize claims brought by unmarried partners, regardless of the length or seriousness of the relationship. However, an unmarried surviving parent is permitted to bring a wrongful death action on behalf of the deceased’s minor children, an important step in securing their long-term financial support.
If you’re unsure whether you or a loved one qualify to file or have questions about your rights, contact our legal team today. We at Sneed & Mitchell offer free, fully confidential consultations and will walk you through your legal options with care and clarity.
The Types of Accidents That Commonly Cause Wrongful Death Actions Here In Harris County
Our economy here in Houston is powered by heavy industry, shipping, logistics, and constant construction. These sectors carry an elevated risk of catastrophic and fatal incidents due to the inherent dangerous involved in everyday work tasks. When employers violate OSHA regulations or fail to prioritize safety, lives are lost. Below are the most common types of fatal workplace accidents in the region, based on case trends and regulatory investigations.
Manufacturing & Chemical Plant Explosions
Houston’s a chemical manufacturing hub includes facilities in Channelview, La Porte, Deer Park, and Pasadena, which are also, sadly, notorious for industrial disasters. These plants handle important tasks, but are full of explosive and carcinogenic substances like ethylene, benzene, ammonia, and hydrogen.
In there condition, equipment failures, overheating pumps, or poorly maintained valves can cause entire complexes to erupt in fire or toxic vapor. This is where OSHA’s Process Safety Management standards come into play. The safety mandates require strict control of hazardous chemicals, yet violations are common. In these wrongful death cases, families often sue plant owners, contractors, or third-party engineering firms for preventable errors that led to fatal explosions, fires, or chemical exposure.
Commercial Trucking and Fatal Highway Collisions
As we all know, Houston has one of the most congested freeway systems in existance and sees a high number of deadly truck crashes, especially on I-10, I-45, and Highway 290. Commercial fleet operators often push fatigued drivers to exceed hours-of-service limits to make it across the vast State of Texas, resulting of fatal collisions. But also, skipped maintenance, or hiring under-qualified operators is very prevalant here in our Staet. Fatalities frequently occur in underride and override accidents, where smaller vehicles are crushed beneath or overrun by 18-wheelers. Mechanical failures like faulty brakes or worn tires, combined with unsafe loading or poor training, are often grounds for legal liability and form the basis of the civil complaints our attorneys file.
Maritime and Offshore Worksite Fatalities
Houston’s ship channel, the Port of Houston, and the rest of the offshore service industries always seaman to dangerous maritime environments. Workers handling tasks aboard container ships, tugboats, barges, and offshore rigs face constant risk from unseaworthy vessels, improper safety gear, and shifting cargo. A high rate of the deaths that often result on docks and ships involve man-overboard incidents, mechanical failures, and towline snapbacks. No matter how a claimant is injured, the cases will fall under the Jones Act, General Maritime Law, or the Death on the High Seas Act, which allow families to pursue compensation for employer negligence, lack of vessel maintenance, or failure to enforce safety standards.
Construction Falls, Crane Collapses, and Site Hazards
As Houston’s skyline in constantly expands, the number construction sites do as well, and these work zones are one of the common scenes of fatal workplace accidents. OSHA identifies falls as the top cause of construction deaths, often involving unprotected ledges, unstable scaffolding, or missing safety harnesses. Workers may also be crushed in trench collapses or electrocuted during crane operation. Crane failures in urban zones can even injure or kill nearby pedestrians. When contractors ignore site inspections, push deadlines, or fail to train subcontractors properly, wrongful death claims frequently follow for violating OSHA standards and construction codes.
Oilfield and Refinery Site Deaths
Throughout Greater Houston oilfield services and refinery work present unique and lethal hazards. Employee working within these industries may can be injured by high-pressure blowouts, fire flashes, hydrogen sulfide exposure, or equipment crush incidents. The jobs demand rigorous safety training, proper PPE, and adherence to hazard communication protocols when done correctly. When drilling contractors or site operators fail to comply with OSHA’s oil and gas industry standards, such as lockout/tagout procedures or hot work permits, deadly incidents occur and our attorneys step in to assist. In many cases, non-subscriber employers or third-party vendors share legal liability for the worker’s death.
Electrocution and Utility Line Fatalities
Electrocution remains a leading cause of occupational fatalities in Houston’s infrastructure and utility sectors. Whether in commercial construction or telecom repair, workers may be exposed to overhead high-voltage lines, buried cables, or ungrounded equipment. These deaths often stem from failures to de-energize lines, missing arc flash protection, or lack of grounding. OSHA’s Electrical Safety Standard (29 CFR 1910 Subpart S) requires strict lockout/tagout compliance and live-line precautions. Utility contractors, property owners, or general contractors may be held liable if their negligence or noncompliance causes a worker to suffer a fatal electrical injury.
Industrial Equipment Failures
Electrocution is far more common than people might think and area a leading cause of occupational fatalities here in Houston due to our infrastructure and utility sector. Whether in commercial construction or telecom repair, workers may be exposed to overhead high-voltage lines, buried cables, or ungrounded equipment. These losses of life often stem from failures to de-energize lines, missing arc flash protection, or lack of grounding. OSHA’s Electrical Safety Standard (29 CFR 1910 Subpart S) requires strict lockout/tagout compliance and live-line precautions, but this regulation has not slowed down the rate of injury incidents. The parties we often file cases against include utility contractors, property owners, or general contractors.
The Most Crucial Step: Proving a Wrongful Death Claim
To move forward with a wrongful death claim in Texas, your family must meet several legal requirements. These are not just legal technicalities. They are the framework we use to prove that someone’s actions caused a preventable death and that your family deserves justice.
Duty of Care
First, we must show that the person or entity responsible owed your loved one a legal duty. This could involve a driver needing to follow traffic laws, a doctor having a responsibility to provide appropriate medical care, or an employer ensuring a safe work environment.
Breach of Duty
Next, we prove that the defendant failed to uphold that duty. This breach might involve careless driving, a workplace hazard left unaddressed, or a healthcare provider not following medical standards.
Causation
Once the breach is established, we connect it directly to your loved one’s death. This is where our attorneys work with experts to demonstrate that the misconduct caused the fatal outcome.
Damages
Finally, we establish the harm your family has suffered. This includes both financial losses and the emotional impact of losing someone you love. It may involve proving funeral costs, lost income, and the deep personal grief your family now carries. The elements listed above are critical to building your case. Our attorneys work closely with your family to document each of them through investigation, expert input, and strong legal presentation.
The Type of Evidence That Proves Fault
Your wrongful death case depends heavily on the quality of the evidence we uncover. Attorneys must act quickly to gather records, reports, and testimony that tell the full story of what happened to your loved one.
As an examples, in vehicle-related fatalities we collect crash reports, dash camera video, electronic data from the vehicles involved, and eyewitness accounts. In workplace deaths, we review safety audits, OSHA records, equipment logs, and photographs of the scene. When medical negligence is involved, we study patient charts, lab reports, and consult with independent doctors.
Our legal team frequently brings in expert witnesses, including forensic pathologists, engineers, and economists. These professionals provide insight into how the death occurred and what the long-term financial consequences will be for your family.
Defendants Often Deny Responsibility After A Claim Is Filed
Many families are shocked when the responsible party responds to the civil lawsuit by deny liability or shift the blame to the deceased. Unfortunately, this is common in wrongful death cases, especially when the defendant is a large company, medical provider, or insurer.
In these situations, our attorneys act immediately. We subpoena records, conduct depositions, and make sure critical evidence is preserved before it can be altered or lost. In many cases we also hire investigators to uncover hidden relationships or patterns of negligence. When the defense strategy is to avoid accountability, our strategy is to bring the truth forward with force and clarity.
When Claims Involve Multiple Defendants
Some wrongful death cases involve more than one party. For example, when a death results from a refinery explosion or a commercial trucking collision, it may require identifying multiple defendants who all played a role. These cases demand a legal team that knows how to navigate overlapping insurance policies and shared liability.
If the incident involves a government agency, such as a city department or state-run facility, your case will be subject to specific procedures under the Texas Tort Claims Act. This includes shortened filing deadlines and formal notice requirements. Our attorneys understand these rules and take swift action to protect your claim.
The situation described above are complex, but they are also exactly the type of challenges we take on every day. We are prepared to guide you through every stage of the process and pursue every responsible party.
Time Limits Can Affect Your Right to File
Texas law gives most families two years from the date of death to file a wrongful death lawsuit. If you wait too long, even a strong case can be dismissed. This legal deadline is known as the statute of limitations.
Some exceptions do exist. If the person eligible to file the claim is a minor, the two-year period may not begin until that individual reaches adulthood. When a government agency is involved, there are often shorter notice deadlines that must be followed.
Understanding these rules is essential to protecting your rights. Our attorneys evaluate every case as soon as it comes in and immediately take steps to preserve your ability to recover compensation.
The Compensation Is Available in a Wrongful Death Case

Filing a wrongful death claim is about more than just money. It is about accountability, closure, and ensuring your family has the financial support you need to move forward.
Compensation in these cases is broken into several categories.
Economic Damages
These refer to the measurable financial losses caused by your loved one’s death. That includes medical bills, funeral costs, lost income, and the value of services your loved one would have provided to the household. Our attorneys work with financial experts to fully document these losses and show the true cost to your family.
Non-Economic Damages
These are the emotional and relational harms. You may be entitled to compensation for grief, emotional anguish, and the loss of companionship and guidance. In most Texas wrongful death claims, there is no legal limit on these damages. We work hard to ensure the court understands the full emotional weight of your loss.
Exemplary Damages
Also known as punitive damages, this category applies when the defendant’s behavior involved gross negligence or intentional misconduct. These damages are meant to punish the wrongdoer and prevent similar behavior in the future. Our attorneys pursue these claims when the evidence supports a higher level of liability.
The compensation types listed above are not automatic. They must be identified, documented, and presented with strength. At Sneed & Mitchell LLP, our attorneys take the time to understand your loss and fight for the maximum recovery possible.
Choosing the Right Lawyer Is Important
The aftermath of a wrongful death is emotionally overwhelming. Families are left grieving, confused, and unsure about what steps to take next. That is where we come in.
At Sneed & Mitchell LLP, we serve as both your legal advocates and your support system. Our attorneys collect the evidence, prepare the legal filings, and speak for your family in court. If a fair settlement cannot be reached, we are fully prepared to take your case to trial. We have built our reputation by winning cases others would not take and standing firm when insurance companies try to avoid paying.
You do not have to pay anything unless we recover compensation for your family. We also cover all costs involved in building your case, including expert witness fees and court expenses.
Our team has represented families across Texas in some of the most difficult wrongful death cases imaginable. We understand what you are going through, and we are ready to help you take the next step forward.
Why Choosing The Sneed & Mitchell Law Firm After A Workplace Fatality Makes A Big Difference
When a family loses a loved one in a construction-related tragedy, selecting the right legal team is one of the most important decisions they’ll make. In Houston, Harris County, and across the state of Texas, families place their trust in Sneed & Mitchell LLP to guide them through complex wrongful death litigation, because they know we deliver results and treat every case with the compassion it deserves.
Clients choose our firm because:
Our trial record is undefeated, we have never lost a wrongful death case in court.
Our lawyers are nationally respected litigators with a reputation for excellence in high-stakes trials.
We collaborate with elite experts in construction safety, OSHA compliance, and structural engineering to build strong, evidence-backed cases.
We make the legal process easy with flexible scheduling, including both virtual and in-person consultations.
You can start your case directly from your phone, no need for an office visit.
Our consultations are always 100% free and confidential.
We have bilingual attorneys available to assist Spanish-speaking families every step of the way.
If your loved one was killed while working on a construction site, contact us at 713-800-6676. The Houston fatal injury attorneys at Sneed & Mitchell LLP are trusted advocates for families pursuing wrongful death and survival claims. We fight tirelessly for the justice and compensation your family deserves.
