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Personal Injury

Wrongful Death


Justice. Accountability. Maximum Compensation.

Award Winning Wrongful Death Lawyers

Losing a loved one due to someone else’s negligence is devastating. At Schiffer Law Firm, we fight for families facing the most tragic and preventable losses. If your loved one was killed due to negligence, corporate misconduct, or reckless actions, we help you seek justice, financial security, and accountability.

Why Choose Schiffer Law Firm for a Wrongful Death Case?

 

Trial Lawyers, Not Settlement Attorneys – Insurance companies fear us because we prepare every case for trial.

Millions Recovered for Families – We fight for maximum compensation, not quick settlements.

Compassionate Legal Representation – You deserve a lawyer who truly cares.

We Handle Everything – No upfront fees. No stress. Just justice.

 

What is a Wrongful Death Claim in Texas?

 

A wrongful death claim allows surviving family members to seek financial recovery when a loved one’s life is wrongfully taken due to negligence, recklessness, or intentional misconduct.

In Texas, spouses, children, and parents of the deceased can file a wrongful death claim. If they do not file within three months, the estate may pursue the claim.

Common Causes of Wrongful Death Lawsuits

 

Schiffer Law Firm Uncovers the Truth – We work with forensic experts, accident reconstructionists, and industry specialists to prove liability and maximize compensation.

 

Understanding Wrongful Death Claims in Texas

 

Texas law (Texas Civil Practice & Remedies Code § 71.002) defines wrongful death as a fatal injury caused by negligence, recklessness, or misconduct. Families can file claims to recover financial and emotional damages from the responsible parties.

 

Who Can File a Wrongful Death Claim?

In Texas, the following individuals may pursue a wrongful death lawsuit:

1)  Spouse of the deceased

2)  Children (biological or legally adopted)

3)  Parents of the deceased

4)  The Estate (if no immediate family members file within three months)

 

Common Causes of Wrongful Death

 

Truck and Commercial Vehicle Collisions

Large commercial trucks and delivery vehicles are involved in some of the most catastrophic and fatal crashes on Texas roads. Negligent trucking companies cut corners on safety, allowing:

· Fatigued and Overworked Drivers – Ignoring federal Hours of Service (HOS) regulations leads to drowsy driving, significantly increasing crash risks.

· Unsafe Hiring Practices – Trucking companies may hire unqualified or improperly trained drivers to meet demand, putting others at risk.

· Poor Vehicle Maintenance – Worn brakes, bald tires, and mechanical failures cause preventable crashes due to neglected maintenance.

· Overloaded or Improperly Secured Cargo – Unbalanced loads or hazardous materials shifting during transit can result in rollovers and jackknife accidents.

· Distracted or Impaired Driving – Drivers texting, using onboard systems, or under the influence of drugs or alcohol create deadly conditions on the road.

 

Holding Trucking Companies Accountable

Truck accident cases often involve multiple liable parties, including the driver, trucking company, cargo loaders, and vehicle manufacturers. At Schiffer Law Firm, we aggressively investigate, obtain black box data, and work with crash reconstruction experts to build a case for maximum compensation.

 

Medical Malpractice

Medical errors are among the leading causes of wrongful death in the United States. Hospitals, doctors, and healthcare professionals are expected to provide competent and safe medical treatment, yet avoidable mistakes take lives every day due to:

· Surgical Errors – Performing the wrong procedure, leaving instruments inside the body, or operating on the wrong site can result in fatal complications.

· Misdiagnosis & Delayed Diagnosis – Failing to detect cancer, heart disease, infections, or other life-threatening conditions in time can cost lives.

· Medication Errors – Prescribing or administering the wrong dosage or type of medication can lead to organ failure, seizures, or fatal overdoses.

· Anesthesia Mistakes – Administering too much or too little anesthesia, or failing to monitor a patient, can cause brain damage or cardiac arrest.

· Birth Injuries – Negligence during labor or delivery can result in fatal complications for both newborns and mothers.

 

🏥 Proving Medical Negligence

Hospitals and healthcare providers rarely admit fault, requiring a thorough investigation into medical records, expert testimony, and hospital protocols. Schiffer Law Firm has the resources to challenge hospitals and their insurers to demand justice for families.

 

Workplace and Construction Accidents

Construction sites and industrial workplaces are among the most dangerous environments, leading to catastrophic injuries and fatalities when employers and contractors fail to follow safety protocols. Some of the most common fatal workplace incidents include:

· Falls from Heights – Scaffolding collapses, unprotected edges, and failure to provide fall protection lead to traumatic brain injuries and spinal cord damage.

· Crane and Heavy Machinery Accidents – Malfunctioning equipment, improper operation, and lack of safety inspections result in fatal crush injuries.

· Electrocution and Explosions – Poorly maintained electrical systems and refinery or gas explosions cause devastating burns and internal injuries.

· Toxic Exposure – Workers exposed to asbestos, benzene, silica dust, and industrial chemicals can suffer fatal respiratory diseases and cancers.

· Trench and Structural Collapses – Cave-ins and structural failures can bury or crush workers due to improper safety planning.

 

Employer Negligence and Third-Party Liability

Employers may try to avoid responsibility by claiming the incident is only covered under workers’ compensation. However, many wrongful death cases involve third-party liability claims against negligent subcontractors, manufacturers of defective equipment, and property owners. Schiffer Law Firm ensures families get the full compensation they deserve.

 

Drunk Driving and Reckless Drivers

Drunk and reckless drivers cause thousands of preventable deaths in Texas every year. These crashes occur when drivers:

· Operate a Vehicle Under the Influence of Alcohol or Drugs – Even small amounts of alcohol or illegal and prescription drugs can impair judgment, reaction time, and coordination.

· Drive at Excessive Speeds – Speeding makes crashes far more deadly, reducing a driver’s ability to brake or react in time to prevent a collision.

· Engage in Distracted DrivingTexting, using a GPS, eating, or adjusting the radio can take a driver’s attention off the road, causing fatal rear-end or intersection crashes.

· Street Racing and Aggressive DrivingWeaving through traffic, running red lights, and ignoring traffic laws significantly increase the risk of high-speed fatalities.

· Driving While FatiguedDrowsy driving can be just as dangerous as drunk driving, leading to head-on collisions, highway crashes, and pedestrian fatalities.

 

🚗 Holding Drunk and Reckless Drivers Fully Accountable

Beyond seeking compensation, Schiffer Law Firm aggressively pursues punitive damages in wrongful death cases involving gross negligence. We also explore Dram Shop liability claims when bars, clubs, or restaurants overserve intoxicated patrons who later cause fatal crashes.

 

Defective Products and Dangerous Drugs

Corporations prioritize profits over people when they sell unsafe products or fail to warn consumers about hidden risks. These cases often involve:

· Defective Auto Parts – Faulty brakes, airbags, tires, and ignition switches can cause fatal crashes when they fail unexpectedly.

· Exploding Lithium-Ion BatteriesUnsafe consumer electronics, e-cigarettes, and electric vehicles can cause fires, burns, and fatal injuries.

· Toxic Household ProductsLead poisoning, asbestos exposure, and carcinogenic chemicals can cause cancers and organ damage.

· Faulty Medical DevicesDefective pacemakers, hip implants, and surgical mesh can lead to deadly infections, blood clots, and organ failure.

· Dangerous Prescription DrugsOpioids, weight-loss medications, and untested pharmaceuticals have caused thousands of overdose deaths and life-threatening complications.

 

Filing a Product Liability Lawsuit

Unlike other wrongful death cases, defective product claims fall under strict liability laws, meaning victims do not have to prove negligence—only that the product was defective and caused harm. Schiffer Law Firm holds manufacturers, distributors, and retailers accountable in high-stakes product liability lawsuits.

 

Aviation Crashes

Airplane and helicopter crashes are among the most catastrophic and complex wrongful death cases. Whether caused by pilot error, mechanical failure, or corporate negligence, aviation accidents require thorough investigation and expert analysis. These cases often involve:

· Pilot Error – Fatigue, distraction, miscalculations, and failure to follow safety protocols can lead to catastrophic in-flight mistakes.

· Mechanical Failures – Faulty engines, landing gear, fuel systems, or control systems can cause a plane to crash due to preventable defects.

· Negligent Maintenance – Airlines and maintenance crews are responsible for ensuring planes and helicopters meet strict safety standards.

· Defective Aircraft PartsManufacturers of defective aviation components can be held accountable if a design or mechanical flaw contributes to an accident.

· Air Traffic Control Mistakes – Improper routing, failure to warn pilots of dangerous conditions, or miscommunication can lead to mid-air collisions or crash landings.

 

Who Can Be Held Liable for an Aviation Wrongful Death?

Liability may rest with airlines, aircraft manufacturers, maintenance crews, or government agencies, depending on the cause of the crash. Schiffer Law Firm works with aviation accident investigators and flight safety experts to determine what went wrong and hold the responsible parties accountable.

 

Home or Refinery Explosions

Explosions at homes, refineries, industrial plants, and gas pipelines cause devastating and preventable fatalities. Many of these accidents occur due to negligent safety practices, defective equipment, or violations of federal safety regulations. These cases often involve:

· Gas Leaks and Pipeline Failures – Poorly maintained pipelines, gas appliances, or industrial systems can result in massive explosions.

· Refinery and Chemical Plant DisastersOil refineries, chemical plants, and industrial sites handle volatile materials that require strict safety compliance.

· Faulty Propane or Natural Gas Systems – Leaking propane tanks or natural gas lines can ignite instantly, causing fatal burns and structural collapse.

· Defective Equipment and Poor Maintenance – Unsafe furnaces, boilers, and electrical systems increase the risk of fires and explosions.

· Failure to Follow OSHA and Industry Standards – Industrial sites must comply with safety standards set by OSHA and the Chemical Safety Board (CSB).

 

🔥 Who Is Responsible for a Fatal Explosion?

Liability often falls on corporate owners, gas companies, equipment manufacturers, or negligent landlords. Schiffer Law Firm fights for families to uncover hidden negligence and secure justice for their loved ones.

 

Child Drowning

Drowning is one of the leading causes of accidental death for children, often occurring due to negligent supervision, improper pool safety, or defective safety equipment. When property owners, lifeguards, or organizations fail to ensure safe swimming environments, tragic consequences follow. These cases often involve:

· Lack of Proper Pool Barriers – Private and public pools must have secure fencing and locked gates to prevent accidental drowning.

· Negligent Lifeguards or Lack of Supervision – Trained professionals should be present and properly monitoring all swimmers.

· Defective Pool Drain Covers & Safety EquipmentPoorly designed drains can trap children underwater, leading to fatal injuries.

· Unsafe Public Water Parks and BeachesFailure to provide lifeguards, mark dangerous areas, or maintain equipment can lead to wrongful death lawsuits.

· Unsupervised Bathtub & Home DrowningsHotels, daycare centers, and foster care agencies must ensure child safety around water.

 

🏊 Who Can Be Held Responsible for a Child Drowning?

Homeowners, pool operators, hotel chains, and public facilities may be held liable for failing to follow local and federal pool safety laws. Schiffer Law Firm fights for families dealing with the devastating loss of a child due to preventable negligence.

 

Police Shootings & Use of Deadly Force

When law enforcement officers use excessive force or fail to de-escalate dangerous situations, lives are unjustly lost. Families of wrongful death victims can hold police departments accountable for violating civil rights. These cases often involve: 

· Excessive Force & Unjustified Shootings – Officers must use reasonable force, but wrongful deaths occur when deadly weapons are used unnecessarily.

· Failure to De-Escalate a SituationTasers, pepper spray, or verbal commands should be used before resorting to lethal force.

· Wrongful Arrests & Excessive Restraint – Improper chokeholds, positional asphyxia, and prolonged restraint can lead to preventable deaths.

· Deadly Use of Firearms on Unarmed Individuals – Officers must have justifiable cause before using lethal force on unarmed suspects.

· Negligent Hiring or Training of Officers – Police departments can be held liable for failing to properly train or screen officers who engage in misconduct.

 

Who Can Be Held Liable in a Police Wrongful Death Case?

Wrongful death claims can be filed against police departments, individual officers, and municipalities under civil rights laws (e.g., Section 1983 lawsuits). Schiffer Law Firm fights to demand transparency, accountability, and justice for families affected by police violence and misconduct.

 

Fatal Slip & Falls

 

Falls are one of the leading causes of wrongful death, particularly for elderly individuals and workers in unsafe environments. Property owners have a legal duty to maintain safe premises, and failure to do so can result in deadly accidents. These cases often involve:

· Unmarked Wet Floors & Slippery SurfacesMopping, spills, or icy sidewalks create hazardous conditions when not properly marked.

· Broken Stairs, Ramps, and Handrails – Structural defects in apartment buildings, hotels, and workplaces lead to severe falls.

· Uneven Flooring or Dangerous WalkwaysCracked pavement, loose carpeting, and poor lighting increase the risk of trip-and-fall injuries.

· Negligent Nursing Home & Assisted Living Care – Elderly individuals require fall prevention protocols to avoid fatal head or hip injuries.

· Workplace Safety ViolationsWarehouse and construction site falls result from a lack of fall protection, scaffolding defects, or missing guardrails.

 

🏢 Who Can Be Held Liable for a Fatal Fall?

Property owners, landlords, business operators, and nursing homes can be held accountable under Texas premises liability laws. Schiffer Law Firm fights to ensure families receive compensation for their loss.

At Schiffer Law Firm, we work with forensic experts, medical professionals, and accident reconstructionists to build the strongest case possible and ensure the truth is uncovered.

What Compensation Can Families Recover in a Wrongful Death Case?

 

Families of wrongful death victims may be entitled to compensation for:

 

 ·  Loss of Financial Support– The income, benefits, and inheritance your loved one would have provided.

 

 ·  Emotional and Mental Anguish – Pain and suffering caused by the tragic loss.

 

 ·  Loss of Love, Care, and Companionship – The absence of guidance and support from the deceased.

 

 ·  Punitive Damages – Additional penalties against grossly negligent or reckless parties.

 

Our goal is to recover every dollar your family deserves while holding wrongdoers accountable.

 

Time Limits: How Long Do You Have to File a Wrongful Death Claim?

 

Texas law enforces a two-year statute of limitations for wrongful death lawsuits (Texas Civil Practice & Remedies Code § 16.003). Exceptions may apply in cases involving:

 

 

Evidence disappears, and insurance companies delay claims to reduce payouts. The sooner we act, the stronger your case.

 

What to Do After a Wrongful Death in Texas

 

1.   Consult an Attorney Immediately – Early legal action strengthens your case.

 

2.   Avoid Quick Settlement Offers – Insurance companies offer lowball payouts to grieving families.

 

3.   Preserve Key Evidence – Police reports, medical records, and witness statements are crucial.

 

4.   Let Us Handle Everything – From legal paperwork to negotiations, we take the burden off your shoulders.

 

Get a Free Case Review Today

 

At Schiffer Law Firm, we understand the pain and uncertainty that comes with losing a loved one. We stand with you, fight for you, and demand justice.

📞 Call Now for a Free Consultation: (713) 521-0059

📝 Submit Your Case Online

🔹 No Fees Unless We Win. No Stress. Just Justice.

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Frequently Asked Questions

What is the average settlement for a wrongful death case in Texas?

Settlements vary but often range from $500,000 to $10 million+, depending on economic losses, negligence, and jury awards. The largest wrongful death cases involve refinery explosions, trucking accidents, child drownings, and egregious corporate negligence.

What is the statute of limitations for wrongful death in Texas?

Two years from the date of death (Texas Civil Practice & Remedies Code § 16.003), with limited exceptions for minors, fraud, or corporate negligence.

How much does a wrongful death lawyer cost?

Nothing upfront. Schiffer Law Firm works on a contingency fee basis, meaning you pay nothing unless we win your case.

What qualifies as a wrongful death case in Texas?

A wrongful death case in Texas occurs when someone dies due to the negligence, recklessness, or intentional misconduct of another party. This can involve car accidents, medical malpractice, workplace accidents, product defects, and more. Under Texas Civil Practice & Remedies Code § 71.002, surviving family members may seek compensation for financial and emotional losses caused by the death.

Who can file a wrongful death lawsuit in Texas?

In Texas, only specific family members can file a wrongful death claim under Texas Civil Practice & Remedies Code § 71.004:

Spouses (including common-law spouses)

Children (biological or legally adopted)

Parents (including adoptive parents)

If none of these family members file within three months, the estate’s executor may file a lawsuit on behalf of the deceased’s beneficiaries. Note: Siblings, grandparents, and other relatives typically cannot file.

What is the statute of limitations for filing a wrongful death lawsuit in Texas?

The statute of limitations for a wrongful death lawsuit in Texas is two years from the date of death (Texas Civil Practice & Remedies Code § 16.003). However, exceptions may apply if:

• The death was caused by fraud or concealment

• The claimant is a minor child

• The defendant is a government entity, which may require faster action

Families should contact a Texas wrongful death lawyer immediately to avoid missing their legal window.

What types of compensation are available in a wrongful death lawsuit?

Families of wrongful death victims may be entitled to economic and non-economic damages, including:

Medical expenses and funeral costs

Lost future income and benefits

Pain and suffering of surviving family members

Loss of companionship, care, and guidance

Punitive damages (if gross negligence was involved)

Compensation varies based on factors like the victim’s earning potential, the circumstances of the death, and whether negligence was severe.

How is a wrongful death lawsuit different from a personal injury claim?

A wrongful death lawsuit is filed when a person dies due to someone else’s negligence, while a personal injury claim is filed by a person who survives their injuries. Wrongful death claims seek damages for surviving family members, including loss of income, emotional distress, and funeral costs, while personal injury lawsuits cover medical expenses, lost wages, and pain and suffering for the injured party.

What must be proven to win a wrongful death lawsuit?

To succeed in a wrongful death lawsuit, the plaintiff must prove:

1. Duty of Care – The defendant had a legal obligation to act safely.

2. Breach of Duty – The defendant acted negligently or recklessly.

3. Causation – The breach of duty directly caused the fatal injury.

4. Damages – The family suffered financial and emotional losses.

Evidence such as witness statements, expert testimony, medical reports, and accident reconstruction can strengthen a case.

What is the average settlement for a wrongful death lawsuit in Texas?

The average wrongful death settlement in Texas varies significantly based on case specifics, economic damages, and negligence severity. While some cases settle for $500,000 to $2 million, others—especially those involving commercial vehicle crashes, refinery chemical exposures or refinery explosions, fatal child drownings, egregious corporate negligence — may exceed $10 million or more.

Factors that impact settlement value include:

Victim’s earning potential before death

Liability strength and available evidence

Insurance coverage and corporate assets of the defendant

How long does a wrongful death case take to settle?

Wrongful death cases in Texas typically take several months to several years to resolve. The timeline depends on:

Liability disputes and insurance negotiations

Whether the case settles or goes to trial

The complexity of evidence and witness testimony

While settling out of court may take 8–12 months, a trial can extend to 2+ years.

Can you sue for emotional distress in a wrongful death lawsuit?

Yes. In Texas, surviving family members can recover damages for mental anguish, emotional distress, and loss of companionship in a wrongful death lawsuit. These non-economic damages compensate for the psychological impact of losing a loved one due to negligence.

Can a wrongful death lawsuit be filed against a government entity?

Yes, but lawsuits against Texas government agencies follow different procedures. Under the Texas Tort Claims Act, a notice of claim must be filed within 6 months of the incident, and damages may be capped at $250,000 per person and $500,000 per incident.