In Texas, a wrongful death claim can be brought only by the deceased person’s surviving spouse, children, or parents, and families generally have two years from the date of death to file. If none of these individuals file within three calendar months, the executor or administrator of the deceased person’s estate must step in to file, unless all of them ask the executor not to file.

Helping Galveston County Families Hold Negligent Parties Accountable

Losing a family member because of someone else’s negligence leaves both grief and financial strain. A wrongful death claim allows certain surviving family members to recover compensation for that loss under Texas law. At Bill T. Wells, Of Counsel to The Payne Law Group, we represent families throughout Galveston County, TX, in fatal accident claims involving motor vehicle crashes, workplace incidents, unsafe premises, and other incidents. Our Galveston County wrongful death attorney brings decades of trial experience and deep local knowledge to every case, working to hold negligent parties accountable and secure the full compensation your family is owed.

Why Choose Bill T. Wells, Of Counsel to The Payne Law Group?

When your family is grieving, you need an attorney who will carry the legal burden while you focus on healing. Bill T. Wells has dedicated his career to serious injury and wrongful death cases, and he works directly with every client. Reasons families across Galveston County trust our firm include:

  • Board-Certified in Personal Injury Trial Law since 1990, a credential fewer than 2% of Texas lawyers hold
  • More than 30 years handling serious injury and wrongful death cases in Galveston County
  • Local courtroom experience, with appearances in nearly every district and county court in the region
  • Contingency-fee representation, meaning you pay nothing unless we recover compensation for you
  • Works jointly on personal injury cases with Scott Scherr of The Payne Law Group–you get more lawyers, larger firm experience, expertise and resources, but with small firm personal attention
  • A history of multi-million-dollar results in catastrophic injury and death claims
  • AV Preeminent Rated by Martindale-Hubbell for the highest level of legal ability and ethical standards
  • Free consultations, with service in both English and Spanish

You do not have to face this process alone. We are here to guide your family with clarity, compassion, and proven experience. Contact our Galveston County wrongful death attorney today and let us help you pursue the accountability and compensation your loved one deserves.

What Is a Wrongful Death Claim in Texas?

A wrongful death claim is a civil action that lets specific family members recover damages when a person dies because of another party’s wrongful act, neglect, carelessness, or default. Texas allows this claim only when the deceased person would have been able to bring a personal injury lawsuit had they survived.

A wrongful death claim is different from a survival claim. A wrongful death claim compensates surviving family members for their own losses, such as lost financial support and companionship. A survival claim belongs to the deceased person’s estate and recovers the losses the victim suffered before death, including conscious pain and suffering and medical expenses. A survival claim MUST be filed within 2 years of the date of the injury causing incident in most cases. Many fatal accidents involve both claims, and we pursue every available source of recovery.

Who Can File a Wrongful Death Claim in Galveston County?

Texas reserves wrongful death claims for a defined group of close family members. Only the surviving spouse, children, and parents of the deceased may bring a wrongful death claim or benefit from one. This includes adult children, and a surviving spouse may file whether or not they have remarried. Any one eligible family member can file on behalf of all of them, or they can file together. 

If none of the eligible family members files within three months of the death, the personal representative of the estate, such as an executor or administrator, must file unless the family asks them not to. Siblings, extended relatives, and unmarried partners generally cannot recover under the Texas wrongful death statute. We help families confirm who is eligible and protect each person’s interest in the claim.

What Damages Can You Recover in a Texas Wrongful Death Case?

Texas law allows surviving family members to recover both economic and non-economic damages. A jury awards damages in an amount proportionate to the loss, and the award is then divided among the eligible family members in the shares the jury sets.

Recoverable damages often include:

  • Lost financial support, including the wages and benefits the deceased would have provided
  • Loss of companionship, comfort, and society
  • Mental anguish suffered by the surviving family members
  • Loss of inheritance the deceased would reasonably have accumulated
  • Loss of household services, care, maintenance, advice, and counsel

When a death results from a willful act, omission, or gross negligence, the family may also recover exemplary damages (i.e., punitive damages), which are meant to punish especially reckless conduct. A separate survival claim can recover the deceased person’s own pre-death medical expenses, conscious pain and suffering, and funeral costs on behalf of the estate.

How Long Do You Have to File a Wrongful Death Lawsuit in Texas?

In most cases, families have two years from the date of their loved one’s death to file a wrongful death lawsuit in Texas. The clock generally starts on the day the person dies, not the day of the underlying accident. Missing this two-year deadline to file usually means losing the right to recover compensation permanently.

A few narrow exceptions can change this timeline. The deadline may be paused for a beneficiary who was a minor when the death occurred, or in narrow circumstances such as fraudulent concealment of the cause of death. Texas does not apply a general ‘discovery rule’ to wrongful death claims, so these exceptions are limited and fact-specific.

Because these exceptions are fact-specific, it is important to speak with an attorney as soon as possible so that critical evidence can be preserved.

What Are Common Causes of Wrongful Death Claims in Galveston County?

Fatal accidents in Galveston County arise in many settings, from busy roads like Interstate 45 to the area’s industrial and maritime worksites. Our firm handles wrongful death claims involving a wide range of causes, including:

Each type of case calls for a different investigation, and some fatal workplace or offshore incidents may involve additional legal protections. We work to identify every responsible party and every source of compensation available to your family.

What to Expect When You Contact Bill T. Wells

We begin with a free consultation to understand what happened and explain your family’s legal options, with no pressure and no cost to learn where you stand. If we take your case, we handle every part of it, from investigating the accident and gathering evidence to dealing with insurance companies and filing suit when necessary.

Because we work on a contingency-fee basis, you pay nothing unless we recover for you. Bill T. Wells works directly with the families he represents and is prepared to take your case to trial when full and fair compensation requires it.

Speak With a Galveston County Wrongful Death Attorney Today

No amount of money can replace your loved one, but holding the responsible party accountable can bring a measure of justice and protect your family’s future. Do not wait, because evidence can disappear and deadlines are firm. Contact Bill T. Wells today for a free, confidential consultation. We serve families across Galveston County with no upfront costs and no fee unless we recover for you.

Frequently Asked Questions

Is there a cost to hire a wrongful death lawyer in Galveston County?

No. We handle wrongful death cases on a contingency-fee basis, which means you pay no attorney fees unless we recover compensation for your family. Your initial consultation is always free, and we advance the costs of building your case.

Can my family still recover if my loved one was partly at fault?

Possibly. Texas follows a modified comparative fault rule, so your family may still recover reduced damages as long as the deceased was not more than 50% responsible for the accident. If the deceased is found more than 50% at fault, recovery is barred. We work to counter attempts to shift blame onto your loved one.

How long does a wrongful death case take to resolve?

Every case is different. Some claims settle within months, while others, especially those involving disputed liability or large corporate defendants, can take a year or more and may proceed to trial. We move efficiently while never settling for less than your family deserves.

Bill T Wells Attorney at Law logo with text noting Of Counsel to The Payne Law Group and owner of the Galveston County office
Wrongful Death
In Texas, a wrongful death claim can be brought only by the deceased person’s surviving spouse, children, or parents, and families generally have two years from the date of death to file. If none of these individuals file within three calendar months, the executor or administrator of the deceased person’s estate must step in to file, unless all of them ask the executor not to file.

Helping Galveston County Families Hold Negligent Parties Accountable

Losing a family member because of someone else’s negligence leaves both grief and financial strain. A wrongful death claim allows certain surviving family members to recover compensation for that loss under Texas law. At Bill T. Wells, Of Counsel to The Payne Law Group, we represent families throughout Galveston County, TX, in fatal accident claims involving motor vehicle crashes, workplace incidents, unsafe premises, and other incidents. Our Galveston County wrongful death attorney brings decades of trial experience and deep local knowledge to every case, working to hold negligent parties accountable and secure the full compensation your family is owed.

Why Choose Bill T. Wells, Of Counsel to The Payne Law Group?

When your family is grieving, you need an attorney who will carry the legal burden while you focus on healing. Bill T. Wells has dedicated his career to serious injury and wrongful death cases, and he works directly with every client. Reasons families across Galveston County trust our firm include:

  • Board-Certified in Personal Injury Trial Law since 1990, a credential fewer than 2% of Texas lawyers hold
  • More than 30 years handling serious injury and wrongful death cases in Galveston County
  • Local courtroom experience, with appearances in nearly every district and county court in the region
  • Contingency-fee representation, meaning you pay nothing unless we recover compensation for you
  • Works jointly on personal injury cases with Scott Scherr of The Payne Law Group–you get more lawyers, larger firm experience, expertise and resources, but with small firm personal attention
  • A history of multi-million-dollar results in catastrophic injury and death claims
  • AV Preeminent Rated by Martindale-Hubbell for the highest level of legal ability and ethical standards
  • Free consultations, with service in both English and Spanish

You do not have to face this process alone. We are here to guide your family with clarity, compassion, and proven experience. Contact our Galveston County wrongful death attorney today and let us help you pursue the accountability and compensation your loved one deserves.

What Is a Wrongful Death Claim in Texas?

A wrongful death claim is a civil action that lets specific family members recover damages when a person dies because of another party’s wrongful act, neglect, carelessness, or default. Texas allows this claim only when the deceased person would have been able to bring a personal injury lawsuit had they survived.

A wrongful death claim is different from a survival claim. A wrongful death claim compensates surviving family members for their own losses, such as lost financial support and companionship. A survival claim belongs to the deceased person’s estate and recovers the losses the victim suffered before death, including conscious pain and suffering and medical expenses. A survival claim MUST be filed within 2 years of the date of the injury causing incident in most cases. Many fatal accidents involve both claims, and we pursue every available source of recovery.

Who Can File a Wrongful Death Claim in Galveston County?

Texas reserves wrongful death claims for a defined group of close family members. Only the surviving spouse, children, and parents of the deceased may bring a wrongful death claim or benefit from one. This includes adult children, and a surviving spouse may file whether or not they have remarried. Any one eligible family member can file on behalf of all of them, or they can file together. 

If none of the eligible family members files within three months of the death, the personal representative of the estate, such as an executor or administrator, must file unless the family asks them not to. Siblings, extended relatives, and unmarried partners generally cannot recover under the Texas wrongful death statute. We help families confirm who is eligible and protect each person’s interest in the claim.

What Damages Can You Recover in a Texas Wrongful Death Case?

Texas law allows surviving family members to recover both economic and non-economic damages. A jury awards damages in an amount proportionate to the loss, and the award is then divided among the eligible family members in the shares the jury sets.

Recoverable damages often include:

  • Lost financial support, including the wages and benefits the deceased would have provided
  • Loss of companionship, comfort, and society
  • Mental anguish suffered by the surviving family members
  • Loss of inheritance the deceased would reasonably have accumulated
  • Loss of household services, care, maintenance, advice, and counsel

When a death results from a willful act, omission, or gross negligence, the family may also recover exemplary damages (i.e., punitive damages), which are meant to punish especially reckless conduct. A separate survival claim can recover the deceased person’s own pre-death medical expenses, conscious pain and suffering, and funeral costs on behalf of the estate.

How Long Do You Have to File a Wrongful Death Lawsuit in Texas?

In most cases, families have two years from the date of their loved one’s death to file a wrongful death lawsuit in Texas. The clock generally starts on the day the person dies, not the day of the underlying accident. Missing this two-year deadline to file usually means losing the right to recover compensation permanently.

A few narrow exceptions can change this timeline. The deadline may be paused for a beneficiary who was a minor when the death occurred, or in narrow circumstances such as fraudulent concealment of the cause of death. Texas does not apply a general ‘discovery rule’ to wrongful death claims, so these exceptions are limited and fact-specific.

Because these exceptions are fact-specific, it is important to speak with an attorney as soon as possible so that critical evidence can be preserved.

What Are Common Causes of Wrongful Death Claims in Galveston County?

Fatal accidents in Galveston County arise in many settings, from busy roads like Interstate 45 to the area’s industrial and maritime worksites. Our firm handles wrongful death claims involving a wide range of causes, including:

Each type of case calls for a different investigation, and some fatal workplace or offshore incidents may involve additional legal protections. We work to identify every responsible party and every source of compensation available to your family.

What to Expect When You Contact Bill T. Wells

We begin with a free consultation to understand what happened and explain your family’s legal options, with no pressure and no cost to learn where you stand. If we take your case, we handle every part of it, from investigating the accident and gathering evidence to dealing with insurance companies and filing suit when necessary.

Because we work on a contingency-fee basis, you pay nothing unless we recover for you. Bill T. Wells works directly with the families he represents and is prepared to take your case to trial when full and fair compensation requires it.

Speak With a Galveston County Wrongful Death Attorney Today

No amount of money can replace your loved one, but holding the responsible party accountable can bring a measure of justice and protect your family’s future. Do not wait, because evidence can disappear and deadlines are firm. Contact Bill T. Wells today for a free, confidential consultation. We serve families across Galveston County with no upfront costs and no fee unless we recover for you.

Frequently Asked Questions

Is there a cost to hire a wrongful death lawyer in Galveston County?

No. We handle wrongful death cases on a contingency-fee basis, which means you pay no attorney fees unless we recover compensation for your family. Your initial consultation is always free, and we advance the costs of building your case.

Can my family still recover if my loved one was partly at fault?

Possibly. Texas follows a modified comparative fault rule, so your family may still recover reduced damages as long as the deceased was not more than 50% responsible for the accident. If the deceased is found more than 50% at fault, recovery is barred. We work to counter attempts to shift blame onto your loved one.

How long does a wrongful death case take to resolve?

Every case is different. Some claims settle within months, while others, especially those involving disputed liability or large corporate defendants, can take a year or more and may proceed to trial. We move efficiently while never settling for less than your family deserves.