What Are My Rights If My Husband Died in a Workplace Accident in Houston?
- Attorney Niles J. Sneed
- Jun 28
- 9 min read
When your husband dies in a workplace accident, the loss is emotionally and psychologically devastating. Still, there are legal questions you must address regarding your rights, your future, and your family’s financial security.
As a surviving spouse, you have the legal right to pursue justice on behalf of your husband and your household because under Texas law. This legal right includes important additional rights, such as the right to file a wrongful death case, a survival action, preserve important evidence, have your case heard by a jury, and secure damages from the liable entity.
At Sneed & Mitchell LLP, we represent widows and other family members who are left behind when workers loose their lives on the job and will stand by your side during this difficult time. We approach every wrongful death and survival action with the precision and have earned our reputation throughout Texas for our award-winning results. If your spouse has died from a workplace fall, a refinery explosion, heavy equipment malfunction, or any workplace injury, we are ready to support you and fight for everything your family should be entitled to.
No matter how your loved one was harmed, share the story with a trial attorney now by calling 713-800-6676, or leave us a message online and we'll contact you immediately.
Protecting Your Family’s Fights After a Fatal Work Accident
Fatal workplace incidents in Houston leave behind more than just physical wreckage, these accidents shatter the financial and emotional stability of families. This is where we step in and protect your rights. For a surviving spouse, parent, or child, the devastation is compounded when their loved one’s life was taken due to a company’s reckless disregard for safety.
At Sneed & Mitchell LLP, we are widely recognized across Texas for our commitment to helping families navigate the legal aftermath of fatal workplace accidents. We take on the most complex and emotionally charged cases and recover noteworthy verdicts and settlement. Our undefeated track record in work accident cases speaks volumes and includes:
Over $100 million recovered for clients across Texas
Multiple Top Verdict honors in Texas courts
Eight-figure settlements in high-stakes wrongful death claims
Major victories against Fortune 100 and 200 corporations
National acclaim from Super Lawyers, Top 40 Under 40, and other top legal publications
We cover the catastrophic accident covered on local news. Our trial team, lead by the highly awarded attorneys Niles Sneed and Brittany Mitchell rank amongst the top attorneys in all of Texas. If you’ve lost a loved one in a construction site accident or any fatal work-related incident, call us at (713) 800-6676. We’ll provide the guidance, strength, and legal firepower needed to secure your family’s future—for today, tomorrow, and beyond.
Your Immediate Options After Losing A Loved One In A Worksite Accident
If you have had a fatal workplace accident, you might be unsure what to do next, or where to turn. Often, while dealing with the emotional shock, spouses are completely unaware of their legal options. As the next of kin of your spouse, you have legal status as a claimant in filing for lost wages, accident reports, communications with the employer, and any documentation pertaining to the accident.
The right to an attorney allows your the option of securing an legal advocate to investigate the cause of your husband's passing. The attorney generally will send an evidence preservation letter to ensure all key evidence is retained by the applicable company for review at later date.
You have the option, which you could excesses, to refuse any early offers made by the insurance company until you have at least consulted with an attorney that represents you and your family's interests, not the employer's. It is very important to resist signing or acknowledging anything from the insurance company or the employer without understanding what you might be releasing. A good attorney representing you can protect your rights, preserve evidence, and get the family their due compensation. Your additional rights are discussed in depth below.
The Right to Make a Wrongful Death Claim in Texas
Under Texas state law, surviving spouses can file a wrongful death claim as plaintiffs when their husband dies due to negligence while they were in the process of working at the employer's compound. The right to file a wrongful death claim enables them to collect the financial loss for the loss of financial provider, loss of companionship and loss of emotional anguish. A spouse's right also allows them the proper standing to make a claim, even if the employer asserts that their husband was at fault. The state of Texas recognizes that grieving spouses need the opportunity to state their case in a courtroom.
In many instances, spouses can either file solitary or jointly with other immediate family members, such as children or parents of the deceased husband. Once you start, you do not have to ask anyone else's permission to begin the process. Even so, coordinating the event with an experienced attorney provides you with a quicker process and ensures that your claim has all the proper legal components and avoids being delayed or denied for legal technicalities.
The Right to File a Survival Action on Behalf of The Estate
Apart from a wrongful death claim, you also have the right to file a survival action in the name of your husband through his estate. A survival action allows you to recover the damages that your husband would have been able to recover had he survived, including:
Pain and suffering occurring before death
Medical expenses incurred during the time between injury and death
Mental anguish and emotional distress
Lost wages occurring prior to death
To bring a survival action, you will need to file an estate in a probate court, as well as be appointed as the personal representative. We help families through this process all the way through the conclusion of the case so that the estate has appropriate standing to bring the survival claim.
The Right To Have Your Case Decided By A Jury In Harris County
At Sneed & Mitchell LLP, we prepare every case with the expectation that it may ultimately be decided by a jury. While many cases resolve through settlement or mediation, often during the discovery phase or shortly after depositionsl, we never rely on the hope of a quick resolution. Our approach is strategic, thorough, and trial-ready from day one.
If the opposing side refuses to offer full and fair compensation for your losses, we will not hesitate to take your case to court. Our legal team has built a reputation for being relentless advocates in the courtroom, and we are proud to remain undefeated at trial. We believe in the power of a jury to hold wrongdoers accountable and deliver justice when negotiations fall short.
You have a constitutional right to have your case heard by a jury of your peers. We will protect that right and use it to your advantage if the defense refuses to meet their responsibilities. At every stage, we fight to ensure your voice is heard and your story is fully understood.
If your case doesn’t settle for what you’re truly entitled to, we’ll be ready and prepared to win.
Your Right to Maximum Compensation Once Liable is Established
Texas law provides families who lost a loved one due to another’s negligence legal rights in their pursuit of broad damages both financially and emotionally. There are two main forms of compensatory damages, those damages are economic and non-economic.
Economic Damages
Loss of income, and future earning capacity of deceased
Household services provided by loved one that would have provided
Funeral, burial, or cremation expenses
Loss of future inheritance
Non-Economic Damages
Mental anguish and emotional suffering
Loss of companionship and consortium
Loss Parental care, guidance, and nurturing
Loss of love, support, and intimacy
In extreme circumstances, punitive (exemplary) damage may be a concern, while not intended to compensate the family, punitive damages are offered for egregious negligence to punish the defendant and warn others in the same industry. Generally punitive damages may arise out of gross negligence or in circumstances where large corporations, high-profile employers, or habitual safety offenders are concerned.
At Sneed & Mitchell LLP, we also strive to take every opportunity for compensation to ensure your family receives the full compensation allowed pursuant to the law.
The Right To Addtional Benefits Related Your Spouse's Death
In addition to financial compensation through wrongful death and survival claims, you may also be eligible to receive additional benefits or resources depending on the facts surrounding your husband’s death, such as:
Life insurance benefits dependent on your husband’s employment
Private or union death benefits
Social Security survivor benefits
Workers compensation death benefits (in appropriate cases)
Veterans death & dependency benefits (if your husband was a veteran)
Our attorneys pursue every avenue of potential compensation so any benefit or resource is not missed. We also work closely with financial advisors and benefits specialists to assist you in identifying the resources available to you, and how to pursue those resources.
What Happens When The Deceased Has Children?
If you and your husband have children, your rights extend past just you as you are also an advocate for your children. Your minor children may be entitled to wrongful death damages as well, and the court will require some on the funds the courts will be addressing to ensure they are used, in part, for your children's wellbeing.
At our firm, we team up with other probate specialists to create settlements that protect your family today and into the future.
At Sneed & Mitchell we will help you:
Establish a guardianship or trusts to safeguard your children's compensation entitlement
Confirm that settlement funds are approved and protected
Settle family disputes about inheritance
This process can be legally complicated and emotionally difficult. Engaging the right team assures that your family’s rights are respected while also securing your children’s future.
Reach a wrongful death attorney in Texas at 713-800-6676 or by sending us a message online.
Legal Principles Used To File Claims On Behalf Of Your Husband
Each of the wrongful death claims we handle rests on a well-defined legal strategy and expert verifications. Specific legal principles we employ to enforce a widow's rights include:
Negligence
If an employer (or other party) was negligent (not acting reasonably) in its conduct towards your husband, i.e. When it acted in violation of OSHA regulations, safety procedures or even the most elementary duties of an employer.
Gross negligence
If an employer (or other party) was grossly negligent by allowing a conscious disregard of your husband’s safety, such as where your husband made complaints or the employer was aware of conditions that remained unresolved, we can claim punitive damages based on the law of gross negligence.
Strict liability
In some industries, such as chemical work or demolition, certain tasks are considered so hazardous that an employer’s liability is without fault. If your husband was killed while performing his duties that were inherently hazardous, we can consider proceeding under the principle of strict liability.
Product Liability
In the event that the equipment, machinery, or safety gear your husband was using was defective, we can file separate claims against the manufacturers, suppliers, and/or distributors that contributed to the worksite incident.
Third-Party Liability
In many instances, there are other contractors or third parties involved. We will investigate if any sub-contractors, site owners, or outside venders contributed to the accident, and pursue the claims against them in addition to your husband’s employer(s).
Non-Subscriber Employer Liability
If your husband's employer was a non-subscriber to the Texas workers' compensation system, then your husband can sue them for any number of negligent acts. Non-subscriber employers lose traditional defenses in litigation and must compensate your family any action or inactions that would mean saving a few dollars for the employer while placing workers in harm's way.
Our trial lawyers have achieved recognition across Texas for fighting for families in non-subscriber death claims.
Taking the urgent step of allowing our Houston wrongful death lawyers to build the strongest possible case while you focus on your loved one’s memory.
How Employers and Insurance Company Try To Deny Your Rights
In the wake of a workplace fatality, employers and their insurers usually act fast, but not in your favor! When pursuing a workplace fatality claim, the first things employers and insurers do are to deny responsibility, place blame, and ultimately offer you little value for a settlement.
The employer's goal is to limit their liability and protect the businesses bottom line. We have seen many companies conduct investigation with the intent of distorting the truth trying to settle long before you become aware of the true damages.
Our team steps in early to stop those actions for force full accountability from the at-fault. Our Work Accident Lawyers acquire the accident reports, OSHA investigations, medical-legal autopsy records, and eyewitness statements. We use those primary resources to develop a case before it becomes an issue for negligence so we can obtain what is owed to you.
We Support You Beyond Just Legal Assistance
At Sneed & Mitchell LLP, our commitment to your family extends far beyond just filing your legal claims. We understand that losing a loved one, most especially a spouse, is more than a legal matter, it is entirely a personal tragedy. Adjusting to a new way of life also requires holistic and compassionate support, and so our services designed for clients to rebuild their lives.
Our staff has a network of trusted grief counselors, financial planners, and local organizations throughout Greater Houston that can help provide emotional and practical support through this transition.
In addition to aggressive legal representation, we also provide:
Guidance through the probate process
Support in providing for your funeral expenses
Assistance accessing temporary financial support
Consistent and direct communication with our team to help with any additional situational neeeds
In our firm, you are never treated like a number. It is our mission to stand by you as much as possible during this time. If you are ready to start working with a team of Work Accident Lawyers that case about your future, call us today at (713) 800-6676 to schedule a free and completely confidential consultation.
Bilingual services available are also possible from our attorneys that are fluent in Spanish.
