What to look for in a wrongful death attorney
A wrongful death attorney in Texas should have specific experience handling cases where someone died because of another person's negligence or intentional act. This is not the same as general personal injury law. The attorney needs to understand Texas wrongful death statutes, know how to calculate damages for loss of companionship and financial support, and be prepared to work with your family through a process that can take years.
The best attorneys in this area have handled multiple wrongful death cases to completion—not just settled them quickly. Ask how many cases they have taken to trial, how many they have settled, and what the outcomes were. An attorney who has only handled one or two wrongful death cases may not anticipate the complications that arise when a family's entire financial future depends on the verdict.
Look for someone who offers a free initial consultation and works on contingency, meaning you pay nothing unless the case results in a settlement or judgment. This removes the barrier of upfront legal fees when you are already managing funeral costs and lost income.
Key Takeaways
- A wrongful death attorney should have handled multiple cases to completion and be able to show you the outcomes of those cases.
- Texas law limits who can file a wrongful death claim—usually the surviving spouse, adult children, or parents—so your attorney must know exactly who has standing to sue.
- Contingency representation means you pay nothing upfront and the attorney takes a percentage of any settlement or judgment, typically 25 to 40 percent.
- The statute of limitations in Texas is two years from the date of death, so contacting an attorney within the first few months is important to preserve evidence and witness statements.
How Texas wrongful death law shapes what your attorney can recover
Texas allows only certain family members to file a wrongful death claim. The surviving spouse and adult children have the strongest claims. If there is no spouse or adult children, parents of the deceased may file. This is a narrow list, and your attorney needs to confirm you have legal standing before spending time on your case.
Damages in a Texas wrongful death case fall into two categories: economic and non-economic. Economic damages cover the financial support the deceased would have provided—lost wages, benefits, and services. Non-economic damages cover loss of companionship, guidance, and emotional support. Texas does not allow punitive damages in wrongful death cases, which means the award is based on actual losses, not punishment of the defendant.
Your attorney will need to hire experts—an economist to calculate lost earnings, sometimes a life expectancy informed, and possibly a vocational informed to establish what the deceased would have earned. These costs come out of the settlement or judgment, not from your pocket, but a good attorney will explain them upfront so you understand where the money goes.
Questions to ask when you call an attorney
Start by asking whether the attorney has handled wrongful death cases in Texas specifically. Some attorneys handle personal injury broadly but have little wrongful death experience. Ask how many cases they have taken to trial and how many they settled, and request the names of past clients you can contact as references.
Ask about the timeline. How long do cases typically take from filing to settlement or trial? What happens in the first 30 days? A realistic attorney will tell you that investigation and evidence gathering take months, and settlement negotiations can stretch into the second or third year.
Ask what percentage they charge on contingency and whether that percentage changes if the case goes to trial (many attorneys charge a higher percentage for trial work). Ask who pays for informed witnesses, court filing fees, and investigation costs if the case does not settle. Some firms advance these costs; others deduct them from your recovery.
Ask whether they have handled cases involving the type of death you are dealing with—medical malpractice, vehicle accident, workplace injury, product liability, or something else. An attorney experienced in medical malpractice wrongful death cases may not be the right fit if your case involves a defective product.
Where to find wrongful death attorneys in Texas
The State Bar of Texas maintains a lawyer referral service on its website where you can search by practice area and location. This is a neutral source and does not endorse any attorney, but it confirms they are licensed and in good standing.
Local bar associations in your county often have referral services as well. The Houston Bar Association, Dallas Bar Association, and others maintain lists of attorneys who practice wrongful death law in their regions.
Ask your primary care doctor, your employer's HR department, or trusted friends and family whether they know an attorney or can recommend one. Personal referrals often lead to a better fit because someone you trust has already vetted the attorney's communication style and results.
Online reviews on Google, Avvo, and the Better Business Bureau can give you a sense of how clients felt about their experience, but remember that people who had bad experiences are more likely to leave reviews than people who were satisfied. Look for patterns rather than individual complaints.
Red flags to watch for
Avoid any attorney who guarantees a specific outcome or promises a certain dollar amount. No honest attorney can do this. The outcome depends on evidence, witnesses, the judge or jury, and factors neither of you can control.
Be cautious of attorneys who pressure you to sign a contract when ready or who seem more interested in signing you than in understanding your case. A good attorney will take time to listen and ask detailed questions about how the death occurred and your family's financial situation.
Avoid attorneys who have no trial experience or who have never taken a wrongful death case to completion. If they settle every case, ask why. Sometimes that reflects good negotiation skills; sometimes it reflects an unwillingness to go to trial when the case warrants it.
Do not work with an attorney who does not explain the contingency fee structure clearly or who seems evasive about costs. You should understand exactly what percentage they take, when they take it, and what expenses come out of your recovery.
What happens after you hire an attorney
Your attorney will begin by gathering evidence: police reports, medical records, witness statements, and any video or photographs from the scene. They will send a demand letter to the at-fault party's insurance company, which typically triggers an investigation on their side.
Within the first few months, your attorney may recommend hiring informed witnesses. An economist will calculate the financial value of the deceased's lost earnings and benefits over their remaining life expectancy. Depending on the type of death, other experts may be needed.
Settlement negotiations usually begin within six months to a year. Most wrongful death cases settle before trial, but your attorney should be prepared to go to trial if the insurance company's offer does not reflect the true value of your case. The entire process from filing to resolution typically takes two to four years.
Understanding the cost of hiring an attorney
On contingency, you typically pay the attorney 25 to 40 percent of the final settlement or judgment. The exact percentage depends on the complexity of the case and whether it goes to trial. Some attorneys charge 25 percent for settlements and 33 or 40 percent for trial verdicts.
You will also be responsible for costs: court filing fees, informed witness fees, deposition transcripts, investigation expenses, and medical record retrieval. These costs are usually deducted from the settlement before you receive your share, but your attorney should advance them rather than asking you to pay upfront.
Ask your attorney to provide a written fee agreement that spells out the contingency percentage, what costs you are responsible for, and when those costs are deducted. This protects both of you and prevents misunderstandings later.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Texas?
You have two years from the date of death to file. This important date is firm, and missing it means you lose the right to sue. If the death occurred more than a year ago, contact an attorney when ready to may support the important date is met.
Can I sue if the death was caused by medical malpractice?
Yes, but medical malpractice wrongful death cases are more complex. Texas requires that you provide informed testimony proving the doctor deviated from the standard of care. Your attorney must have experience with medical malpractice specifically, not just general wrongful death cases.
What if the person who caused the death does not have insurance?
You can still sue, but recovery becomes harder. Your attorney will investigate whether the defendant has personal assets or whether you can pursue a judgment against them. Some cases are not worth pursuing if the defendant has no money or insurance.
Will the case go to trial or settle?
Most wrongful death cases settle, but your attorney should be prepared to go to trial. Settlement offers usually come after experts have completed their work and both sides understand the strength of the case. If the insurance company's offer is too low, trial may be your best option.
How much money will my family receive?
This depends on the deceased's age, earning potential, life expectancy, and the strength of your evidence. An economist will calculate lost wages and benefits. Non-economic damages for loss of companionship vary widely based on the judge or jury. Your attorney can estimate a range after reviewing the facts of your case.