When a spouse, parent, or child dies because of someone else's carelessness, Texas law gives certain family members the right to hold the responsible party accountable. The Daspit Law Firm represents grieving families across Galveston Island and Galveston County in wrongful death and survival claims. Consultations are free, and you pay no attorney fee unless we recover money for your family.
We know you never expected to be reading a page like this. Our job is to handle the investigation, the insurance companies, and the legal deadlines so your family can focus on each other. You can reach us at (281) 748-2044 any time, day or night.
Galveston's mix of tourist traffic, heavy industry, and port activity creates risks that families on the island and the mainland know well. Many of the deaths we review trace back to a handful of causes:
• Highway crashes on I-45 (the Gulf Freeway) and the Galveston Causeway, often involving speed, impairment, or 18-wheeler accidents
• Pedestrian and cyclist deaths along Seawall Boulevard and Broadway (Avenue J), especially during peak tourist weekends
• Refinery and chemical plant explosions in Texas City and La Marque
• Deaths at sea or on the docks tied to the Port of Galveston, the cruise terminals, and vessels working the Gulf, which can raise maritime and offshore injury issues
• Construction falls, crane failures, and heavy equipment accidents
• Medical errors, dangerous drugs, and defective products
Each kind of case calls for a different investigation. A highway crash may turn on vehicle data and phone records, while an industrial death may involve OSHA findings, maintenance logs, and contractor agreements.
The Texas Wrongful Death Act, found in Chapter 71 of the Texas Civil Practice and Remedies Code, limits who may bring a claim. Generally, the surviving spouse, the children (including adult children), and the parents of the person who died may file, either on their own or together.
If none of those family members files within three months of the death, the executor or administrator of the estate may generally bring the claim, unless all of the family members ask them not to. Siblings and grandparents are generally not eligible to recover under the wrongful death statute itself.
Texas also allows a survival action under Section 71.021. A survival claim belongs to the estate and seeks the damages your loved one could have recovered had they lived, such as medical bills and the pain they experienced before death. A wrongful death claim, by contrast, compensates the family for its own losses. In many cases both claims are filed together.
Under Section 16.003, most wrongful death lawsuits must be filed within two years of the date of death. Some exceptions apply, and claims involving a government entity can require written notice within a few months. Evidence such as video footage and vehicle data can disappear quickly, so it helps to speak with a lawyer early.
Texas follows a modified comparative fault rule under Chapter 33. If the person who died is found partly at fault, the family's recovery is reduced by that percentage. If they are found more than 50 percent responsible, the family generally cannot recover. Insurers know this rule well and often try to shift blame onto the one person who can no longer tell their side.
When a worker dies and the employer carries workers' compensation, the family usually receives death benefits through the comp system. Texas Labor Code Section 408.001 still allows the surviving spouse and heirs of the body to seek exemplary damages if the death resulted from the employer's gross negligence. If the employer is a non-subscriber, a full negligence lawsuit may be possible, which we explain on our Galveston non-subscriber work injury page.
No amount of money replaces a person. Still, a claim can ease the financial strain a death puts on a household and hold the wrongdoer to account. Depending on the facts, recoverable damages may include:
• Lost earnings and benefits your loved one would likely have provided
• Loss of care, support, services, advice, and counsel
• Loss of companionship and society
• Mental anguish suffered by surviving family members
• Lost inheritance your loved one would likely have saved and passed on
• Funeral and burial costs, medical bills before death, and conscious pain and suffering, recovered through the survival claim
Where a death was caused by gross negligence or malice, Texas may allow exemplary or punitive damages under Section 41.003, which requires clear and convincing evidence. Caps and special rules apply to some types of damages, so every case deserves a careful review.
• Request copies of the police, crash, or incident report
• Keep letters, emails, and voicemails from insurance companies, and avoid giving recorded statements
• Do not sign releases or accept early settlement offers before you understand your rights
• Save photos, text messages, medical records, and pay stubs
• Write down the names of witnesses and coworkers while memories are fresh
• Speak with a wrongful death attorney well before any deadline approaches
Founding attorney John Daspit began his career as an insurance defense lawyer. He learned how insurers value death claims and the tactics they use to pay less, and today he puts that insight to work for families. He also worked on litigation arising from the BP Texas City refinery explosion, so he understands how complex corporate cases are built and proven.
When you hire our firm, we:
• Start investigating right away, bringing in accident reconstruction and other experts when the case calls for it
• Identify every liable party and every available insurance policy
• Handle calls, paperwork, and negotiations with insurers
• Meet you at home or in the hospital if travel is hard
• Work with your family in English or Spanish
You do not have to face this alone. Call (281) 748-2044 or request your free consultation online. We answer 24/7, there is no fee unless we win, and we serve families throughout Galveston and nearby communities, including League City, Dickinson, Texas City, and Friendswood.
In most cases, you have two years from the date of death to file a wrongful death lawsuit in Texas under Section 16.003 of the Civil Practice and Remedies Code. Shorter notice deadlines can apply when a city, county, or state agency is involved. Because evidence fades quickly, it is wise to speak with an attorney well before the deadline.
Generally, no. The Texas Wrongful Death Act allows only the surviving spouse, children, and parents to recover. Siblings may still benefit indirectly if they are heirs of the estate and a survival claim is filed, since survival damages pass through the estate. An attorney can review your family's situation and explain who is eligible.
Nothing up front. We handle wrongful death cases on a contingency fee, which means our fee is a percentage of any recovery and you owe no attorney fee if we do not win. Your first consultation is free, and we can meet at your home if that is easier for your family.
You may still have a claim. Under Texas proportionate responsibility rules, damages are reduced by the deceased person's share of fault, as long as that share is 50 percent or less. Insurers often overstate fault in death cases, so an independent look at the scene, vehicle data, and witness accounts can make a real difference.
Yes. A criminal case is brought by the state to punish a crime, while a wrongful death claim is a civil case brought by the family for compensation. A civil claim can move forward even if no charges are filed or the defendant is found not guilty, because the civil burden of proof is lower.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.
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At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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