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Hendler Flores Law represented the family of a decorated Navy Veteran who was exposed to asbestos while serving on a warship in Vietnam. He later died from mesothelioma, leaving his wife to provide for their 3 young daughters. Scott Hendler and co-counsel Michael Brickman negotiated several settlements with asbestos companies for the family, and also won a $13.8 million verdict against Owens Corning Fiberglas, a company that made asbestos pipe covering for Navy vessels. The compensation recovered was more than enough to secure the financial future of the family.
Legally reviewed by Scott Hendler, Attorney, State Bar of Texas (admitted 1989) · Last updated October 20, 2026
How a Lawyer Can Help After a Wrongful Death
The emotional burden of losing a loved one is unbearable, and that pain is compounded when the death was caused by someone else’s negligence or misconduct. Although it might be overwhelming to think about taking legal action, holding the responsible parties accountable can bring you peace of mind during this time of crisis. By filing a legal complaint you can secure financial stability for your family and help ensure similar tragedies don’t happen to other families.
The quality of the lawyer you hire has a big impact on the outcome of your case. Wrongful death lawsuit attorneys must have a solid understanding of complex legal, scientific and medical issues in order to come up with the best legal strategy for your case. They must also be prepared to go to trial on your behalf, and have both substantial trial and negotiating experience to get the best possible results for you.
If you have lost a loved one and have questions about the legal rights and remedies available to you and your family, Hendler Flores Law is here to help. At HFL, we listen to your story, learn about your needs, and then navigate through the complicated legal process for you. Our goal is to allow you to focus on what is most important – grieving the loss of your loved one and finding a path forward.
What Is Wrongful Death in Texas?
A wrongful death occurs when a person dies because of the wrongful act or negligence of another party. That party can be an individual, a company, or an organization. The common feature of these incidents is that the death could have been prevented. Some situations that can lead to a wrongful death claim include:
- Car or motorcycle accidents
- Trucking collisions
- Dangerous prescription drugs
- Construction accidents
- Exposure to toxic chemicals
- Fires and explosions
- Other incidents causing fatal spinal cord, brain, or internal injuries
Who can file a wrongful death lawsuit in Texas?
Under Texas Civil Practice and Remedies Code § 71.004, a wrongful death claim is brought for the benefit of the deceased person’s surviving spouse, children, and parents. Any one of them may file on behalf of all, or they may file together, and a jury divides the recovery among them. If none of these family members has filed within three calendar months after the death, the executor or administrator of the estate must bring the claim unless every eligible family member asks them not to. Siblings, grandparents, and unmarried partners are not listed in the statute, so families in those situations should speak with a lawyer about other options.
How long do you have to file a wrongful death claim in Texas?
Texas generally requires a wrongful death lawsuit to be filed within two years of the date of death (Texas Civil Practice and Remedies Code § 16.003). Some situations extend or shorten that time, including deaths caused by asbestos or other toxic exposure, claims against government entities that require early written notice, and cases involving minors. Evidence such as vehicle data, surveillance video, and witness memory also disappears quickly. Because of this, the practical deadline to speak with a lawyer is far sooner than two years. Our attorneys can tell you in the first conversation which deadlines apply to your family’s situation.
What is the difference between a wrongful death claim and a survival claim in Texas?
A wrongful death claim belongs to the family and compensates the spouse, children, and parents for their own losses: lost financial support, lost companionship and guidance, mental anguish, and funeral expenses. A survival claim belongs to the deceased person’s estate and recovers what the person could have recovered had they lived, such as their medical bills and the pain they suffered before death (Texas Civil Practice and Remedies Code § 71.021). Texas allows both claims to be filed together in one lawsuit, and our firm routinely brings both so that no part of the family’s loss is left out. Under Texas law, wrongful death recoveries are not subject to the deceased person’s debts (§ 71.011).
Damages for Families After the Wrongful Death of a Loved One
The amount awarded in a wrongful death lawsuit depends on a large number of factors, but the key to getting the best possible result is the quality of the attorney you hire. Look for an attorney who has experience in wrongful death cases and a reputation for going to trial. In the end, it is up to you whether or not you settle the case out of court, but either way, you will be in a stronger negotiating position if your attorney is prepared to go to trial.
An experienced lawyer will help you pursue a financial settlement in your case that takes into consideration things such as your:
- Medical expenses
- Loss of future earnings and benefits
- Funeral and burial expenses
- Pain and emotional suffering
Your Story Matters. Their Story Matters. Learn About Your Legal Options.
If you have questions about what legal remedies may be available to your family for the death of your loved one, contact HFL today. Our attorneys are experienced trial lawyers with decades of experience in wrongful death cases. There is a time limit for filing a wrongful death lawsuit, so it’s important not to delay taking action. There is no cost or obligation.
Contact us today to schedule a free consultation. Email us at info@hendlerlaw.com or call 1.800.443.6353. Your story matters. Let us help you tell it.
Frequently asked questions about Texas wrongful death claims
How much can you sue for wrongful death in Texas?
There is no fixed cap for most wrongful death cases in Texas, and the amount depends on the person’s age, earnings, and role in the family, the circumstances of the death, and the defendant’s conduct. Exemplary damages may be available in some cases. No lawyer can responsibly quote a number before investigating the facts.
Do I have to prove the death was intentional?
No. Texas wrongful death law covers deaths caused by a wrongful act, neglect, carelessness, unskillfulness, or default (§ 71.002). Most cases involve negligence, such as a distracted or impaired driver, a defective product, or an unsafe worksite.
What if my loved one was partly at fault?
Texas uses proportionate responsibility. A family’s recovery may be reduced by the deceased person’s share of fault, and it is barred if that share is more than 50 percent (Chapter 33). Fault is often disputed, which is one reason early investigation matters.
Can I file a wrongful death claim if there is also a criminal case?
Yes. The criminal case is brought by the state; the wrongful death case is your family’s civil claim, and it can proceed regardless of whether criminal charges are filed or how they turn out.
How long does a wrongful death case take?
Timing depends on the number of defendants, the complexity of the evidence, and whether a trial is needed; cases against large corporations or involving multiple defendants generally take longer. We keep families informed at each stage and never pressure a family to settle before the case is ready.
Will my family have to go to court?
Most wrongful death cases settle before trial, but we prepare every case for a jury because that preparation produces fair settlement offers. If a trial is necessary, we handle it, and we prepare you for every step.
What does it cost to hire a wrongful death lawyer in Texas?
Hendler Flores Law handles wrongful death cases on a contingency fee: there is no charge for the consultation and no fee unless we recover compensation for your family. If there is no recovery, your family will have no obligation to reimburse Hendler Flores Law or its co-counsel for expenses and costs incurred in the litigation.
My loved one died from mesothelioma or another asbestos disease. Is that a wrongful death case?
Yes, it can be. Texas allows the family to bring a wrongful death claim and the estate to bring a survival claim, and asbestos trust fund claims can continue after death. Learn more on our Texas mesothelioma lawyer page.
Attorney advertising. Prior results do not predict or ensure a similar outcome. This page is for general information and is not legal advice; deadlines and requirements depend on the facts of each case. Legally reviewed by Scott Hendler.
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