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Houston Wrongful Death Lawyer
If you lost a loved one due to someone else’s negligence in Houston, you may be entitled to compensation for your loss. WestLoop Law, led by Nhan Nguyen, MD, JD, MSF, represents wrongful death families across Harris County on a no-win, no-fee basis. Call 346-215-0788 or contact us for a free consultation.
When Someone You Love Dies Because of Another Person’s Negligence
There are no words for what your family is going through right now.
You are grieving. You are overwhelmed. And somewhere beneath all of that, you may be asking the question that brought you here — did this have to happen? Could it have been prevented? And is someone responsible?
If the answer to any of those questions is yes, your family has the right to pursue justice. Not as a replacement for what you have lost — nothing can replace that — but as accountability for the negligence that took your loved one from you. And as the financial protection your family needs to move forward.
Texas wrongful death law exists for exactly this reason. At WestLoop Law, Dr. Nhan Nguyen, MD, JD, MSF represents Houston wrongful death families with the full weight of his triple background — clinical, legal, and financial. As a physician he understands cause of death, injury trajectory, and medical causation at a level no standard personal injury attorney can match. As a trial attorney with 200+ cases handled he builds a wrongful death case the responsible party cannot walk away from. And as a financial analyst he calculates the full economic and non-economic loss your family has suffered — and will suffer for years to come.
What Is a Wrongful Death Claim Under Texas Law
A wrongful death claim is a civil lawsuit brought by surviving family members when a person dies as a result of another party’s negligent, reckless, or intentional conduct. It is separate from any criminal proceedings — meaning even if no criminal charges are filed, your family may still have a valid civil claim.
Under Texas Civil Practice & Remedies Code §71.002, a wrongful death claim can be filed when:
- The deceased would have had the right to file a personal injury lawsuit had they survived
- The death was caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity
- Surviving beneficiaries have suffered damages as a result of the death
Who Can File a Houston Wrongful Death Claim
Under Texas law, the right to file a wrongful death claim belongs to specific surviving family members.
| Who Can File | Relationship to Deceased |
|---|---|
| Spouse | Legal husband or wife at the time of death |
| Children | Biological and legally adopted children |
| Parents | Biological and legally adoptive parents |
| Estate Representative | Can file on behalf of the estate if eligible family members do not act within three months |
One important note under Texas law — if none of the eligible beneficiaries file a wrongful death claim within three months of the death, the executor or administrator of the deceased’s estate may file on behalf of the estate unless the beneficiaries specifically request otherwise.
Common Causes of Wrongful Death in Houston
Wrongful death cases in Harris County arise from many different types of negligence. WestLoop Law handles wrongful death claims arising from:
| Cause of Death | How Negligence Applies |
|---|---|
| Car Accidents | Distracted, impaired, or reckless drivers who cause fatal collisions on Houston roads |
| Truck Accidents | Commercial carrier negligence — driver fatigue, FMCSA violations, overloaded cargo — causing fatal 18-wheeler crashes |
| Motorcycle Accidents | Drivers who fail to see or yield to motorcyclists, causing fatal crashes on Houston highways |
| Pedestrian Accidents | Drivers striking and fatally injuring pedestrians at crosswalks or on Houston streets |
| Medical Malpractice | Surgical errors, misdiagnosis, medication mistakes, or hospital negligence causing a patient’s death |
| Nursing Home Abuse | Abuse, neglect, or medical negligence inside a nursing facility causing a resident’s death |
| Bus Accidents | METRO or commercial bus crashes causing fatal injuries to passengers or pedestrians |
| Slip and Fall | Fatal fall injuries on negligently maintained premises |
| Workplace Accidents | Employer negligence, unsafe conditions, or third-party contractor negligence causing a worker’s death |
| Defective Products | Manufacturers of defective vehicles, equipment, or medical devices whose products caused a fatal injury |
The Survival Statute — Your Loved One’s Own Claim Lives On
Many families do not know that Texas law provides a second avenue of recovery alongside the wrongful death claim.
Under Texas Civil Practice & Remedies Code §71.021, the Survival Statute allows the deceased’s estate to pursue the personal injury claim your loved one would have had if they had survived. This includes compensation for:
- The pain and suffering your loved one experienced between the injury and death
- Medical expenses incurred before death
- Lost earnings from the time of injury to the time of death
The Survival Statute claim is filed alongside the wrongful death claim and significantly increases the total recovery available to your family. WestLoop Law pursues both simultaneously.
What Texas Law Says About Houston Wrongful Death Claims
| Law | What It Means for Your Family |
|---|---|
| Wrongful Death Act — CPRC §71.002 | Establishes the right of surviving spouse, children, and parents to file a wrongful death claim |
| Survival Statute — CPRC §71.021 | Allows the estate to pursue the deceased’s own personal injury claim alongside the wrongful death action |
| Statute of Limitations — CPRC §16.003 | Two years from the date of death to file a wrongful death lawsuit — miss this deadline and your family’s claim is permanently gone |
| Punitive Damages — CPRC §41.003 | Gross negligence or malicious conduct can support a claim for exemplary damages above compensatory recovery |
| Government Entity Claims — Texas Tort Claims Act | If a government vehicle, METRO bus, or public employee caused the death, special notice requirements and deadlines as short as six months apply |
| Medical Malpractice Deaths — CPRC Chapter 74 | Additional procedural requirements apply including the 60-day notice and expert report within 120 days of filing |
What Compensation Can a Houston Wrongful Death Lawyer Recover for Your Family
Texas wrongful death law recognizes both the economic and non-economic dimensions of your loss. WestLoop Law pursues every category of damages your family is entitled to.
Economic Damages:
- Lost financial support — the income your loved one would have contributed to the family over their remaining working life
- Lost household services — the practical contributions your loved one made to the family home
- Medical expenses incurred before death
- Funeral and burial expenses
- Lost inheritance — the assets your loved one would have accumulated and passed to the family
Non-Economic Damages:
- Loss of companionship and society — the relationship, love, and emotional support your family has lost
- Mental anguish — the grief, suffering, and emotional distress your family experiences as a result of the death
- Loss of parental guidance — for children who lost a parent
- Loss of consortium — for a spouse who has lost the partnership and intimacy of the marriage
Exemplary Damages:
In cases where the death resulted from gross negligence — a drunk driver, a corporation that knowingly ignored safety hazards, a nursing home that prioritized profit over resident safety — Texas law allows your family to pursue punitive damages above and beyond compensatory recovery.
Dr. Nguyen’s MSF background means every economic damage category is calculated with financial precision — including present value of future lost income, household services, and inheritance — not the broad estimates most attorneys rely on.
Why the MD+JD+MSF Advantage Matters Most in Houston Wrongful Death Cases
Wrongful death cases require something most personal injury attorneys cannot provide — the ability to establish medical causation with clinical authority.
In a wrongful death case, the defense will challenge whether the defendant’s conduct actually caused your loved one’s death. They will question the medical records. They will dispute the timeline. They will argue pre-existing conditions. They will hire their own experts.
Dr. Nguyen answers that challenge as a physician — not just as an attorney. He reads the autopsy reports, the emergency records, the treatment notes, and the toxicology results himself. He identifies where the standard of care was breached, where causation is clear, and where the defense’s expert analysis falls apart. And he calculates the full financial loss your family has suffered with the precision of a financial analyst.
| What Most Houston Wrongful Death Lawyers Do | What Dr. Nguyen Does |
|---|---|
| Hire outside medical experts to establish causation | Establishes medical causation personally as a licensed physician |
| Broadly estimate lost income and future damages | Calculates present value of lost income, services, and inheritance with financial precision |
| Settle quickly under pressure from insurers | 200+ trial cases — prepared to take wrongful death cases all the way |
| Pursue one liable party | Investigates every responsible party across every cause of death scenario |
| Assign your file to a paralegal | Dr. Nguyen personally involved in every case |
Credentials:
- B.A. Biology/Pre-Medicine — Baylor University, magna cum laude, Phi Beta Kappa
- Medical Doctorate (MD) — UT Southwestern Medical School
- Juris Doctor (JD) — University of Houston Law Center, cum laude
- Master of Science in Finance (MSF) — UH Bauer College of Business
- 13+ years representing injured Houstonians and their families
- 2,025+ trusted clients served
- 200+ trial cases handled
- State Bar of Texas
Verified Results for Our Clients
| Settlement | Case Description |
|---|---|
| $112,500 | Couple rear-ended by a commercial vehicle |
| $91,000 | Settlement against a commercial party that injured our client |
| $50,000 | Policy limits settlement — accident injury claim |
| $50,000 | Personal injury claim — professional legal team recovery |
| $30,000 | Policy limits settlement — accident victim |
Past results do not guarantee future outcomes. Every case is unique.
Serving Houston and Harris County
WestLoop Law represents wrongful death families throughout Houston and Harris County including the Galleria and West Loop area, Downtown Houston, Midtown, the Texas Medical Center, Memorial, Katy, Sugar Land, Pasadena, Pearland, Baytown, and The Woodlands. Wherever in Harris County your loved one’s life was taken, we are ready to investigate and fight for your family.
Frequently Asked Questions — Houston Wrongful Death Lawyer
Who has the right to file a wrongful death lawsuit in Texas?
Under Texas Civil Practice & Remedies Code §71.002, the surviving spouse, children, and parents of the deceased have the right to file. If none of them file within three months of the death, the estate’s executor or administrator may file on their behalf unless the beneficiaries specifically instruct otherwise.
How long does a Houston wrongful death family have to file a claim?
Two years from the date of death under Texas Civil Practice & Remedies Code §16.003. If a government entity was involved — a city vehicle, METRO bus, or public employee — notice requirements may shorten your effective deadline to as little as six months. Contact us immediately.
What is the difference between a wrongful death claim and a survival claim?
A wrongful death claim compensates surviving family members for their own losses — grief, lost support, lost companionship. A survival claim under §71.021 compensates the estate for what the deceased suffered and lost between the injury and death — pain and suffering, medical bills, and lost earnings. WestLoop Law pursues both simultaneously to maximize your family’s total recovery.
Can we file a wrongful death claim if there were no criminal charges filed?
Yes. A wrongful death claim is a civil action — entirely separate from any criminal prosecution. The standard of proof in civil court is lower than in criminal court, meaning your family can succeed even if the responsible party was never charged or was acquitted.
How much is a Houston wrongful death case worth?
It depends on your loved one’s age, income, life expectancy, the relationship with surviving family members, and the nature of the defendant’s negligence. Dr. Nguyen’s MSF background means he calculates every economic category — present value of lost income, household services, inheritance — with financial precision that goes well beyond what most attorneys provide.
What if my loved one was partly at fault for the accident that caused their death?
Texas follows a modified comparative fault rule under §33.001. As long as your loved one was less than 51% responsible, your family can still recover damages — reduced by their percentage of fault. The defense will argue shared fault aggressively. WestLoop Law pushes back with evidence. Contact us to discuss your case.
Can multiple family members file separate wrongful death claims?
No. All eligible beneficiaries — spouse, children, parents — must be included in a single wrongful death action. WestLoop Law coordinates representation across all eligible family members to ensure every beneficiary’s interests are protected and the claim is filed correctly.
How long does a Houston wrongful death lawsuit take?
Most wrongful death cases resolve within one to two years. Complex cases involving multiple defendants, disputed causation, or government entities can take longer. WestLoop Law keeps your family informed at every stage and moves as efficiently as the case allows. Call 346-215-0788 to discuss your timeline.
Your family deserves justice. Your loved one deserved better. Call WestLoop Law at 346-215-0788 or request your free consultation today. Dr. Nhan Nguyen, MD, JD, MSF will personally review your family’s case at no cost and no obligation.
Nhan H. Nguyen, MD, JD, MSF
Nhan H. Nguyen is the founder and lead attorney of WestLoop Law in Houston, Texas. A Vietnamese refugee who grew up in Houston, Dr. Nguyen earned his B.A. in Biology/Pre-Medicine from Baylor University (magna cum laude, Phi Beta Kappa), his Medical Doctorate from UT Southwestern Medical School, his Juris Doctor from the University of Houston Law Center (cum laude), and his Master of Science in Finance from the University of Houston Bauer College of Business. With over 13 years of experience and millions recovered for 2,025+ clients across Harris County, he brings a clinical, legal, and financial perspective to every wrongful death case he takes.
| Bar Admissions | State Bar of Texas |
| Phone | 346-215-0788 |
| Address | 2500 W Loop S #340, Houston, TX 77027 |
| Free Consultation | Contact Us |
| Website | westlooplaw.com |