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Wrongful Death Attorney in Houston, Texas

According to the 2018 Texas Motor Vehicle Traffic Crash Facts, there were about 3,652 motor vehicle traffic fatalities statewide in 2018. Losing a family member can be a devastating and emotional experience. If you believe that another person's negligent actions caused your loved one's death, you may be eligible to pursue financial compensation by filing a wrongful death claim against the responsible party.

At The Fostel Law Firm, I'm dedicated to offering experienced legal services and compassionate representation to clients in wrongful death cases. As a knowledgeable Texas personal injury attorney, I can offer you the detailed guidance, assistance, and support you need during this challenging time. As your legal counsel, I will help you file a wrongful death claim and work to pursue fair financial compensation to cover burial expenses, funeral expenses, lost wages, outstanding medical bills, and loss of consortium.

The Fostel Law Firm is a nationwide practice, and I am willing to review your case free of charge.



Why File A Wrongful Death Claim?

The death of a loved one remains one of the most heartbreaking things anyone can deal with in life, especially when their death was preventable. Wrongful death can be described as a death that occurred as a result of someone else's wrongful act, negligence, or carelessness. The purpose of the wrongful death claim is to hold the responsible party accountable and compensate the family members of the deceased for an avoidable accident that caused their death.

According to Texas Statutes Section 71.001, a wrongful death action may be brought if the "wrongful act, carelessness, neglect, unskillfulness, or default" of one party causes the death of another. Although no amount of financial compensation is enough to fill the void left by the death or bring them back, filing a wrongful death claim can give the surviving family members a much-needed financial boost to cover medical costs incurred before the victim's death, funeral costs, burial expenses, lost wages, and loss of consortium.

Through a wrongful death lawsuit, the decedent's family can hold the at-fault party liable and seek financial compensation for the loss.

What Constitutes Wrongful Death in Texas

In order to establish a wrongful death claim in Texas, the claimant is required to show that:

  • There was a duty of care owed to the deceased

  • The duty of care was breached

  • A death occurred

  • The defendant's wrongful actions led to the victim's death

  • The surviving family members suffered actual damages from the death

Who Can File a Wrongful
Death Claim in Texas?

Under Texas Statutes Section 71.004(b), the surviving spouse, children, and parents of the deceased may bring an action to recover wrongful death claims for the benefit of all. In some situations, an adopted child may file a wrongful death claim provided that the adoption was legally and fully completed.

If the children, surviving spouse, or parents do not file a wrongful death action within three calendar months after the victim's death, the personal representative or executor of the deceased person's estate may file the claim instead.

Time Limits for Filing

Texas wrongful death statute of limitations requires a wrongful death action to be filed within two years of the decedent's death.

Damages Available

The following damages may be recovered from a wrongful death claim:

  • Medical costs incurred before the victim's death

  • Lost wages and benefits

  • Funeral expenses

  • Burial expenses

  • Lost care, guidance, support, or counsel

  • Lost earning capacity

  • Lost love or companionship

  • Loss of consortium

  • Lost household services

  • Mental anguish

  • Exemplary claims or punitive damages

Turn to an Experienced Attorney

The death of a family member can have devastating, long-term ramifications on your financial, mental, and emotional health. However, you don't have to go through it alone. Hiring an experienced Texas wrongful death attorney is the first step toward protecting your rights and pursuing rightful compensation for your loss.

At The Fostel Law Firm, I have devoted my career to protecting the rights of wrongful death victims and their families. As your legal counsel, I will investigate every detail of your case, gather all necessary evidence, and help establish that the defendant's negligent actions caused your loved one’s death. Using my extensive experience, I will fight aggressively on your side to protect your rights and provide the compassionate representation you need in your wrongful death lawsuit.


If you have lost a spouse, child, parent, or close relative to another person's wrongful act, you have the right to take action. Contact me at The Fostel Law Firm today to schedule a free one-on-one consultation to discuss your situation and start the legal process. My firm proudly serves clients across Houston, Texas, and the Southeast New Mexico area.