Losing a family member because of a medical mistake is one of the most painful things a family can face. The grief is profound, and the questions that follow can feel overwhelming. When a doctor’s negligence, a hospital’s failure, or a medical team’s careless occurrence takes someone you love, you may have the right to pursue a wrongful death claim under Texas law. Texas law allows surviving family members.
At Davis & Davis, our exclusive focus has been on fighting for victims of medical malpractice for nearly 70 combined years. Our trial-tested legal team has handled more than 300 jury trials and knows how to hold negligent providers accountable. Whether you are in Houston or elsewhere in Texas or the nation, we are ready to help.
⚠ Time-Sensitive — Texas Law Limits Your Window to File
Texas wrongful death claims have a two-year deadline. Waiting may cost your family the right to pursue compensation.
Nearly 70 years of combined experience. 300+ jury trials. No upfront fees — ever. We fly to meet clients nationwide.
What Is a Wrongful Death Claim in Texas?
A wrongful death claim arises when a person dies because of another party’s negligence or misconduct. In the medical context, this means a healthcare provider failed to meet the accepted standard of care and that failure directly caused a patient’s death. Under Texas Civil Practice and Remedies Code Chapter 71, eligible family members may file a claim to recover compensation for the losses they have suffered as a result of their loved one’s passing.
To succeed in a wrongful death claim, your legal team must establish four things:
- The healthcare provider owed the patient a duty of care.
- The provider breached that duty through negligence.
- The breach directly caused the patient’s death.
- The surviving family members suffered measurable damages as a result.
These four elements form the foundation of every medical malpractice wrongful death case. Proving them requires detailed medical records, credible testimony, and an attorney who specializes in this area of law.
Who Can File a Wrongful Death Claim in Houston?
Texas law limits who may bring a wrongful death claim. Eligible parties include the surviving spouse, children, and parents of the deceased. If none of these family members files within three months of the death, the estate’s personal representative may do so instead.
It is also worth knowing that under Texas law, common-law spouses may qualify as surviving spouses, though this requires presenting evidence of a committed relationship that meets the state’s legal requirements. An attorney can help you determine whether you qualify and how to document your relationship if needed.
What Compensation Is Available in a Houston Wrongful Death Case?
Economic damages address financial losses tied directly to the death. These may include:
- Medical expenses your family member incurred before passing
- Funeral and burial costs
- The income your family member would have contributed over their lifetime
Non-economic damages address the personal and emotional toll of the loss. Families may be able to pursue compensation for:
- Pain and suffering endured before death
- Loss of companionship and consortium
- Loss of guidance, care, and the relationship itself
Texas does impose a damages cap on medical malpractice wrongful death cases. Our trial-tested legal team knows the full scope of compensation available under the law and will work to pursue every dollar your family may be entitled to.
How Is Negligence Proved in a Houston Wrongful Death Case?
Proving negligence in a medical wrongful death case requires a thorough investigation. Our team gets to work immediately, gathering and reviewing:
- Complete medical records and treatment history
- Hospital policies and internal communications
- Testimony from credible medical professionals
Once the evidence is assembled, we build a timeline showing exactly where the standard of care broke down and how that failure caused your family member’s death. This process takes time, which is one reason it is important to reach out to a Houston wrongful death lawyer as soon as possible.
Why Does It Matter Who Handles Your Case?
Few law firms focus exclusively on medical malpractice. After Texas capped recoverable damages in 2003, many attorneys stopped taking these cases altogether. Davis & Davis refused to walk away. Rooted in a deep-rooted Christian faith and a commitment to the people we serve, we continued fighting for families when others did not.
Our attorneys, Steven R. Davis and John A. Davis, Jr., have built a firm that takes on only medical malpractice cases. Our medical malpractice team in Houston brings nearly 70 combined years of focused experience to every case. We also regularly handle hospital error claims, including situations involving nursing errors and emergency room failures, many of which result in wrongful death. Additionally, we handle surgical error cases and the serious complications they cause.
Consult a Houston Wrongful Death Lawyer at Davis & Davis
Losing a family member to a preventable medical occurrence is something no family should face alone. A Houston wrongful death lawyer can review your case, explain your legal options, and help you understand what compensation your family may be able to pursue. Acting quickly protects your rights and gives our team the time needed to build the strongest possible case on your behalf.
If you believe your family member’s death was caused by medical negligence, we are here to help. Davis & Davis, Attorneys at Law, offers free case evaluations with no upfront fees. Reach out through our contact form to get started.
Frequently Asked Questions About Wrongful Death Cases
The following questions address the concerns we hear most often from families who have lost someone due to medical negligence in the Houston area.
Who can file a wrongful death claim in Texas after a medical malpractice death?
Texas law allows the surviving spouse, children, and parents of the deceased to file a wrongful death claim. If none of these family members files within three months of the death, the estate’s executor or administrator may file on their behalf. Multiple family members may have independent claims, but Texas courts require all eligible parties to consolidate into a single lawsuit.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim belongs to the surviving family members and compensates them for their own losses, such as loss of financial support, companionship, and guidance. A survival action belongs to the deceased’s estate and covers what the deceased could have claimed had they survived, such as medical bills, lost wages before death, and pain and suffering experienced prior to death. Both claims may be pursued simultaneously.
How much does it cost to hire a wrongful death attorney at Davis & Davis?
Davis & Davis handles wrongful death cases on a contingency fee basis. You pay no upfront legal fees and no out-of-pocket expenses. Our firm also covers the cost of independent medical experts your case requires. We only recover fees if we obtain a financial settlement or jury award for your family.
Does our family have a case if the hospital says the death was not caused by malpractice?
A hospital’s denial of wrongdoing does not determine whether a valid claim exists. Medical malpractice wrongful death cases require an independent review of all medical records and an assessment by qualified medical experts. Davis & Davis conducts this review carefully before making any determination about your case. Many families whose claims were initially denied by hospitals have pursued compensation through legal action.
What damages can our family recover in a Texas wrongful death case?
Recoverable damages may include medical expenses incurred before the death, funeral and burial costs, loss of the deceased’s income and financial contributions, loss of household services, loss of companionship and guidance, and mental anguish suffered by surviving family members. In medical malpractice cases, Texas caps non-economic damages but imposes no cap on economic damages. In cases involving fraud or malice, punitive damages may also be available.
How long does a wrongful death lawsuit in Texas typically take to resolve?
The timeline varies depending on the complexity of the medical issues involved, the number of defendants, and whether the case settles or proceeds to trial. Medical malpractice wrongful death cases often require extensive expert review and preparation. Some cases resolve within one to two years of filing; others go to trial and may take longer. Davis & Davis prepares every case for trial from the outset, which often leads to stronger settlement outcomes.
Davis & Davis Is Here to Help Houston Families
Davis & Davis, Attorneys at Law, has spent decades fighting for the families of medical malpractice victims throughout Houston, across Texas, and nationwide. With nearly 70 years of combined experience, more than 300 jury trials, and an exclusive focus on medical malpractice law, our attorneys have the depth of knowledge and the courtroom record to take on hospitals, physicians, and healthcare institutions when they cause preventable deaths. Our commitment to clients and our Christian faith is what kept us in this practice after Texas capped damages in 2003, and it is what drives every case we accept today.
If your family is ready to take the next step, we are here to listen, review your case at no cost, and provide honest guidance on your legal options. We handle cases on a contingency fee basis, we fly to meet clients throughout the country, and we do not collect a fee unless we recover compensation for your family. To speak with our legal team, please contact us through our online form.
