What to look for in a wrongful death attorney
A wrongful death attorney in Texas should have specific experience with cases like yours—not just general personal injury work. This means they have handled cases where someone died because of another person's negligence or intentional act, they understand Texas wrongful death law, and they know how courts in your county typically value these cases. When you call, ask directly: How many wrongful death cases have you taken to trial or settlement in the last three years? If they hesitate or give a vague answer, keep looking.
The attorney should also explain clearly who can recover money in your case. Texas law limits wrongful death claims to the surviving spouse, children, and parents of the deceased—not siblings or grandchildren. A good attorney will tell you upfront whether your relationship to the person who died means you have legal standing to bring a claim, because if you don't, no amount of skill will change that.
Pay attention to how they handle your first conversation. Do they listen to what happened, or do they rush to tell you about their firm? Do they ask about your relationship to the person who died and what financial or emotional support they provided? A lawyer who takes time to understand your specific loss is more likely to present your case in a way that reflects the real person, not just a legal category.
Key Takeaways
- Look for an attorney with documented experience in wrongful death cases specifically, not just general injury law, and ask how many they have settled or tried in the last three years.
- Texas law limits who can recover: the surviving spouse, children, and parents of the deceased, so confirm you have legal standing before investing time in a case.
- The attorney should explain what damages you might recover—medical bills before death, funeral costs, lost wages and support the deceased would have provided, and sometimes mental anguish—and be honest about what your case is likely worth.
- Fee arrangements in Texas wrongful death cases are typically contingency (the attorney takes a percentage of any settlement or judgment), so you should not pay upfront, but confirm the percentage and what costs you might owe if the case doesn't settle.
- Check the State Bar of Texas website to verify the attorney is licensed and has no disciplinary history, and ask for references from other families they have represented.
How wrongful death damages work in Texas
Texas wrongful death law allows you to recover specific categories of money, and understanding them matters because they shape how your attorney will value the case and what evidence they will need to gather. The main categories are economic damages—the actual money costs—and non-economic damages, which are harder to measure but often larger.
Economic damages include medical and hospital bills the deceased ran up before death, funeral and burial costs, and the financial support the deceased would have provided to you over their lifetime. If the person who died was working, your attorney will calculate their lost wages and benefits. If they were a parent, the calculation includes what they would have spent on your care, education, and support until you reached adulthood. If they were a spouse, it includes household services they performed and income they would have earned. These numbers come from tax returns, pay stubs, medical records, and informed testimony about life expectancy and earning potential.
Non-economic damages cover the pain and suffering of losing someone—what Texas courts call mental anguish. This is where the value of your case often lives. A jury might award this for the grief, loss of companionship, and disruption to your life. There is no formula; juries decide based on the closeness of your relationship, how the death happened, and how well your attorney presents the human reality of your loss. This is also where the choice of attorney matters most, because the same death can be valued very differently depending on how the story is told.
Types of cases Texas wrongful death attorneys handle
Wrongful death claims arise from many kinds of accidents and negligence. Motor vehicle accidents are the most common—a drunk driver, a reckless truck driver, or someone running a red light kills a family member. Workplace accidents happen when an employer or contractor fails to follow safety rules, and a worker dies. Medical malpractice wrongful death cases occur when a doctor, hospital, or nurse's mistake causes death; these are complex and require informed testimony about the standard of care.
Premises liability cases involve death on someone else's property—a fall from a poorly maintained balcony, a drowning at a neglected pool, or a shooting at a business that failed to provide adequate security. Product liability wrongful death claims happen when a defective product—a faulty car part, a dangerous drug, or unsafe equipment—causes death. Nursing home negligence is its own category; these cases involve abuse, neglect, or failure to provide proper medical care in a facility.
Each type of case requires different informed. A medical malpractice wrongful death attorney needs to understand medical standards and be able to hire the right experts. A truck accident attorney needs to know federal trucking regulations and how to obtain black box data. A nursing home attorney needs to know state and federal regulations that govern long-term care facilities. When you interview attorneys, ask which type of case your situation most closely resembles and whether they have handled similar cases before.
How to find attorneys in your area
Start with the State Bar of Texas Lawyer Referral Service, which you can reach through the State Bar website. You provide information about your case, and they refer you to attorneys in your county who handle wrongful death claims. This is free and gives you a vetted starting list. The State Bar website also has a searchable directory where you can look up any attorney's license status and disciplinary history.
Ask for referrals from people you trust—your regular attorney if you have one, your doctor, your employer's HR department, or friends who have been through similar losses. Personal referrals often lead to attorneys who take time with grieving families and have a reputation for fair dealing. Online reviews on Google, Avvo, and the State Bar website can tell you how other clients experienced working with an attorney, though remember that people who had bad experiences are more likely to leave reviews than people who were satisfied.
Once you have a list of three to five attorneys, call each one and ask for a free initial consultation. Most wrongful death attorneys offer this. During the call, describe what happened and ask the questions listed below. You are not committing to anything; you are gathering information to decide who understands your case and who you trust to represent your family.
Questions to ask during your first conversation
Start with the attorney's experience: "How many wrongful death cases have you handled in the last three years, and how many went to trial versus settled?" Follow with specifics about your case: "Have you handled cases involving [the type of death—a truck accident, medical error, nursing home neglect]?" Ask about the fee arrangement: "How much of any settlement or judgment would you take as your fee, and what costs might I owe if we don't win?" This matters because contingency percentages vary, and some attorneys charge you for informed witnesses and investigation costs even if the case settles for less than expected.
Ask about timing: "How long do you think this case will take from now until settlement or trial?" and "What is your estimate of what this case might be worth?" The attorney should give you a range, not a may provide, and explain what factors could make it higher or lower. Ask about next steps: "What do you need from me to get your free guide, and when would you need it?" and "How often will you update me on the case's progress?"
Finally, ask for references: "Can you give me the names of two or three families you have represented in wrongful death cases, so I can speak with them about their experience?" A reputable attorney will provide these. When you call the references, ask whether the attorney kept them informed, whether the outcome was fair, and whether they would hire the same attorney again.
Understanding contingency fees and costs
Most wrongful death attorneys in Texas work on contingency, meaning they take a percentage of any money you recover—typically 25 to 40 percent, depending on the attorney and whether the case settles before trial or goes to trial. You pay nothing upfront. This aligns the attorney's interest with yours: they only make money if you do.
However, contingency does not mean free. You may owe case costs—the expenses of investigating and proving your case. These include filing fees, informed witness fees, medical record retrieval, accident reconstruction, and deposition transcripts. Some attorneys advance these costs and deduct them from your settlement. Others ask you to pay them as they come up. Some charge you for costs even if you lose. Before you sign an agreement, ask in writing: "What costs might I owe, and under what circumstances?" and "If we don't recover money, do I owe you for costs?"
Read the fee agreement carefully before signing. It should state the contingency percentage, what costs you are responsible for, and what happens if the case settles, goes to trial, or is dismissed. If anything is unclear, ask the attorney to explain it in plain language. You have the right to understand exactly what you are agreeing to.
Red flags to watch for
Avoid attorneys who may provide a specific outcome or a minimum amount of money. No honest attorney can promise this. Wrongful death cases depend on facts, evidence, the other side's defense, and how a jury or judge views the case. An attorney who promises results is either inexperienced or not being truthful.
Be cautious if an attorney pressures you to sign quickly or discourages you from talking to other attorneys. You should have time to think, to speak with multiple lawyers, and to choose the one you trust most. If an attorney is dismissive of your questions or makes you feel rushed, that is a sign they do not prioritize your case.
Watch for attorneys who focus only on the money and show little interest in who the person who died was. Wrongful death cases are about both—the financial loss and the human loss. An attorney who asks about the deceased's personality, relationships, and what they meant to you is more likely to present a compelling case to a jury.
Finally, check the State Bar of Texas website before hiring. If an attorney has a history of disciplinary action, complaints, or license suspension, that is public information. It does not automatically disqualify them, but it is something you should know and should ask them about directly.
What happens after you hire an attorney
Once you sign a fee agreement, your attorney will begin gathering evidence. This includes the police report or incident report, medical records, witness statements, photographs of the scene, and any video footage. They will hire experts if needed—a medical informed to testify about what caused death, an accident reconstructionist to explain how the accident happened, an economist to calculate lost wages and support.
Your attorney will also investigate the defendant—the person or company responsible. They will look for evidence of negligence, patterns of similar incidents, safety violations, or prior complaints. In some cases, this investigation uncovers evidence that makes the case much stronger than it first appeared.
You will be asked to provide documents and information: birth certificates, marriage certificates, tax returns, pay stubs, medical bills, funeral bills, and anything else that shows your relationship to the deceased and the financial impact of their death. Your attorney will also likely ask you to write down your memories of the person who died—what they were like, what you did together, how their death has affected you. This information helps your attorney tell your family's story to a judge or jury.
Most cases settle before trial. Your attorney will negotiate with the defendant's insurance company or lawyers. If a fair settlement is offered, your attorney will explain it to you and you decide whether to accept. If no settlement is reached, the case goes to trial, and your attorney will present your case to a jury. Throughout this process, your attorney should keep you informed and involved in major decisions.
Frequently Asked Questions
Can I bring a wrongful death claim if the person who died was not married and had no children?
In Texas, parents of an adult child can bring a wrongful death claim. If the deceased had no spouse, children, or living parents, the claim cannot be brought by siblings or other relatives. Ask an attorney whether you have legal standing based on your relationship to the person who died.
How long do I have to file a wrongful death claim in Texas?
The important date is typically two years from the date of death, though there are exceptions in some cases. Do not wait; contact an attorney as soon as you are ready, because evidence can disappear and memories fade. The sooner you start, the stronger your case will be.
What if the person who died was partly at fault for the accident?
Texas uses comparative negligence rules. If the deceased was partly responsible, your recovery is reduced by their percentage of fault. For example, if the deceased was 20 percent at fault, you recover 80 percent of what the jury awards. Your attorney will explain how this applies to your specific situation.
Do I have to go to trial, or can the case settle?
Most wrongful death cases settle without trial. Settlement is usually faster, costs less, and gives you certainty about the outcome. Your attorney will negotiate on your behalf and advise you on whether any offer is fair. You always have the right to reject a settlement and go to trial, but your attorney should explain the risks and benefits of each path.
What if I cannot afford to pay an attorney upfront?
Wrongful death attorneys work on contingency, so you do not pay them upfront. You may owe case costs, but many attorneys will advance these and deduct them from your settlement. Ask about this during your first conversation so you understand what you might owe.