Losing someone unexpectedly changes everything. When that loss is caused by someone else’s negligence, you deserve accountability. At Omondi & Associates, our attorneys, led by founding attorney Tom Omondi, whose background includes both nursing and law, bring legal insight and compassionate guidance to help you understand your options and pursue the compensation your family may need.
Learn Your Rights and Protect Your Family’s Future
Wrongful death occurs when someone loses their life because of another party’s negligence, carelessness, or misconduct, such as a car accident, unsafe property, or a medical error. In Texas, this type of claim allows surviving family members to seek accountability and financial support after an unexpected loss, helping address both emotional and practical burdens.
Under Texas Civil Practice and Remedies Code §71.002, a wrongful death claim may be brought by a surviving spouse, child, or parent, typically within two years of the date of death (§16.003). Texas also follows a modified comparative fault rule, which can affect recovery. Our attorneys take a thoughtful, detail-driven approach to your case, using legal experience and medical insight to evaluate records, identify liability, and pursue the maximum possible compensation.
Steps to Take After a Wrongful Death:
- Seek official documentation of death, including the death certificate and autopsy report
- Request and preserve medical records, hospital notes, and treatment history
- Gather accident reports, incident reports, or police documentation
- Collect photographs or videos from the scene, injuries, or hazardous conditions
- Identify and obtain contact information for witnesses
- Preserve physical evidence, including damaged property or defective products
- Keep records of funeral expenses, medical bills, and financial losses
- Document the impact of your loss, including emotional and household changes
- Avoid speaking with insurance adjusters before understanding your rights
- Consult a wrongful death attorney for guidance and next steps
Wrongful Death FAQs
Who Can File a Wrongful Death Claim in Texas?
Under Texas Civil Practice & Remedies Code §71.004, only certain family members can bring a claim: the surviving spouse, children (including adopted children), and parents of the person who passed. If they do not file within three months, the estate’s representative may do so, unless the family requests otherwise.
What Is the Deadline to File a Claim?
In most cases, you have 2 years from the date of death under §16.003. Missing this deadline can prevent recovery entirely. Some exceptions may apply, such as cases involving minors or delayed discovery, but these are limited, which is why early guidance matters.
What Types of Compensation Are Available?
Damages in Texas wrongful death cases typically include both financial and personal losses:
- Economic damages: Lost income and financial support, medical expenses related to the injury, and funeral and burial costs
- Non-economic damages: Mental anguish and emotional suffering, as well as loss of companionship, care, and guidance
- Exemplary damages: Available when gross negligence or willful misconduct is involved
How Is Fault Determined in Texas?
Texas follows a modified comparative fault rule (51% bar). This means you can recover if your loved one was 50% or less at fault, but the available compensation is reduced by the percentage of fault. Recovery is completely barred if the fault exceeds 50%.
Our attorneys approach these cases with legal precision and medical insight. With years of experience as a registered nurse, he carefully reviews medical records, timelines, and evidence to clarify what happened and help you pursue the maximum possible compensation.
Contact Us for a Free Case Evaluation
It Costs Nothing to Understand Your Options After a Wrongful Death
Losing someone you love is deeply personal, and your next steps deserve thoughtful guidance. At Omondi & Associates, our attorneys carefully review the medical and legal details behind your loss to help you understand your rights and options clearly. Led by founding attorney Tom Omondi, who brings a rare perspective as an attorney and a registered nurse, our team takes the time to listen and help you pursue the best possible outcome. Reach out to discuss your situation and request a wrongful death case review.
