“He was the heart of our family. When we lost him, we were lost. Kyle helped us find our way back.”

Maria V., Houston, TX wrongful death client
Maria's husband, a construction worker, died in a preventable job site accident. Facing grief and financial

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uncertainty, Maria turned to Herbert Trial Law. Kyle Herbert fought to honor her husband’s memory and helped secure the compensation Maria’s family needed to rebuild their lives.

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Let Us Help You Find Justice and Closure. Start Your Journey Toward Healing Today!

— Kyle Herbert, CEO, Managing Attorney,
Herbert Trial Law

And get our must-have guide, “5 Secrets
Insurance Companies Don’t Want You to Know”

Understanding Wrongful Death in Texas

Losing someone you love is one of life’s greatest heartbreaks. It’s made even harder when you know their death could have—and should have—been prevented. Wrongful death isn’t just a legal claim; it’s about finding answers, holding the responsible parties accountable, and giving families the resources they need to heal.

At Herbert Trial Law, we understand that no two families—and no two losses—are the same. We take the time to listen to your story, honor your loved one’s life, and fight fiercely for the justice they deserve.

Wrongful death claims often involve:

  • Vehicle Accidents: Fatal car, truck, or motorcycle crashes caused by reckless or impaired drivers.
  • Workplace Incidents: Construction accidents, industrial site hazards, or employer negligence.
  • Medical Malpractice: Surgical errors, misdiagnosis, or negligent treatment leading to a preventable death
  • Premises Liability: Unsafe property conditions resulting in tragic accidents.
  • Defective Products: Faulty machinery, unsafe consumer products, or dangerous drugs.

If your loved one’s death was caused by someone else’s carelessness, you don’t have to carry the weight alone. We’re here to stand beside you—and for you.

Demand Accountability for Your Loved One’s Death.

Who Can File a Wrongful Death Claim?

When a tragedy occurs, knowing your rights is the first step toward seeking justice. Texas law allows certain family members to pursue a wrongful death claim—and ensures that the impact of your loss is recognized.

Eligible family members include:

  • Spouses: Whether recently married or lifelong partners, surviving spouses have the right to seek compensation for their loss.
  • Children: Both biological and legally adopted children can file a claim for the loss of parental guidance, support, and love.
  • Parents: The parents of a deceased child can pursue a claim, seeking accountability and closure for the loss of their child’s life and future.
If these immediate family members do not file within three months, the representative of the deceased’s estate may step in to file on behalf of all survivors—unless the family objects.

Your relationship with your loved one matters. We’re here to make sure the law honors that relationship—and helps ease the burdens you’re facing. Contact us for a FREE Consultation.

Types of Compensation Available:

Money cannot fix what’s been broken. It cannot fill the empty chair at the table, or replace the laughter that’s gone silent. But financial compensation can help lift some of the overwhelming burdens that come after an unexpected loss.

Families may be eligible to recover damages such as:

  • Loss of Income: To replace the financial support your loved one would have provided.
  • Loss of Companionship: To honor the emotional support, love, and presence they gave you every day.
  • Loss of Household Services: To cover the practical contributions your loved one made, from caring for children to maintaining the home.
  • Mental Anguish: To recognize and compensate for the deep emotional pain and suffering caused by your loss.
  • Funeral and Burial Expenses: To ease the financial strain of giving your loved one a dignified farewell.
In cases where negligence was severe, we may also pursue punitive damages—not just to help your family, but to make sure no other family suffers the same way.

You deserve to grieve without financial fear. Our role is to help you rebuild your life while keeping your loved one’s memory front and center.

Learn More About Your Legal Options

Why Choose Herbert Trial Law?

Compassion When You Need It Most. Strength When You Need to Fight.

In moments of unbearable loss, you need more than legal advice—you need someone who cares, listens, and fights relentlessly for your family’s future.

We handle:

  • Personalized Attention: Every client’s story matters. We take the time to understand your unique loss.
  • Proven Track Record: We’ve helped families across Texas achieve meaningful justice and recover substantial settlements.
  • No Upfront Fees: You’ll never pay unless we win your case.
  • Comprehensive Support: We help guide you through not just the legal battle, but also the emotional and financial challenges that come after a loss.

We know you would trade any amount of money to have your loved one back. That’s why our mission is about more than compensation—it’s about accountability, closure, and giving your family the means to move forward with dignity.

Never any high pressure or unnecessary lawsuits, just straight talk and winning expertise guiding you the entire time. Let us win for you!

— Kyle Herbert, CEO and Managing Attorney, Herbert Trial Law

When you’re ready, we’ll be here. Fighting for your family’s future. Honoring your loved one’s life. Every step of the way.

The 3-Step Path to Justice

You Focus on Healing. We’ll Focus on Winning Justice.

Free Consultation
We’ll listen to your story and explain your legal options with compassion and clarity.
Thorough Investigation
We gather evidence, consult experts, and build the strongest case possible.
We Pursue Compensation
Whether through settlement or trial, we fight to get you every dollar your family deserves.

You don’t have to walk this road alone. We’ll be with you at every step.

Honor Their Memory.
Protect Your Future. Justice Begins With One Call.

“They tried to tell us it was just a tragic accident. Kyle proved it was negligence—and he made sure they were held accountable.”

— Daniel R., Baytown, TX

Esteban fell through a faulty rooftop opening that had been improperly covered. He shattered his leg and missed nearly a year of work. Herbert Trial Law secured a settlement of $1.25 million, which is large enough to support him and his family through his recovery and rehab – and then some.

Let Us Fight for the Justice Your Family Deserves.

Get Started With A FREE Case Evaluation – and Find Your Closure!

Real Clients. Real Paths Forward.

My Team and I Can Win BIG for You Too! Let Us Review Your Case.

$2.5 Million
Fatal construction site accident due to employer negligence
$1.8 Million
Medical malpractice resulting in wrongful death during surgery
$1.2 Million
Trucking accident involving an impaired commercial driver
$950,000
Fatal product failure involving defective industrial machinery
$850,000
Premises liability case after a fatal fall at a retail property

Here’s What Some of Our Clients Are Saying:


Alejandro M.
Pasadena, TX
Wrongful Death Client
“After losing my father in a tragic accident, Kyle provided the support and guidance our family needed. He fought for us every step of the way”


Rosa L.
Sugar Land, TX
Wrongful Death Client
“Herbert Trial Law treated us with compassion and respect. They made a difficult time more manageable, and the settlement will help our family move forward.


Carlos D.
Baytown, TX
Wrongful Death Client
Kyle’s dedication to our case brought us the closure we desperately needed. There was a good settlement, but justice and closure is what we were seeking.”

Wrongful Death Claim FAQs

Our Attorneys Are Always Ready to Answer Your Questions

Let Us Help You Find Justice and Closure. At Herbert Trial Law, our commitment to our clients is to guide them towards justice and recovery. If you have questions or need assistance at any time, our Houston personal injury lawyers can be reached by phone, text or email.

What is the statute of limitations for wrongful death claims in Texas?

Two years from the date of death. Acting quickly preserves evidence and strengthens your claim.

Can I file a claim if the deceased was partially at fault?

Yes. Texas allows recovery under modified comparative negligence rules if your loved one was less than 51% at fault.

How much does it cost to hire you?

Nothing up front.We only get paid if we win.

How long does a wrongful death case take?

Timelines vary. Some cases settle within months; others may take longer, depending on complexity.

Do wrongful death cases always go to court?

Not necessarily.Many cases are resolved through negotiation. However, we prepare every case as if it will go to trial.

Is a wrongful death murder?

No, a wrongful death claim is a civil matter while murder is a criminal act. In a civil lawsuit, the defendant may be liable for causing the death through a negligent or wrongful act. However, they will not go to jail or be punished in the criminal justice system.

Don’t Let a Construction Company Blame You for Their Mistake. Let Us Fight for You.

— Kyle Herbert, CEO, Managing Attorney,
Herbert Trial Law

And get our must-have guide, “5 Secrets
Insurance Companies Don’t Want You to Know”