What Factors Are Important In Selecting A Wrongful Death Attorney in Texas?

When selecting a Wrongful Death attorney you should consider that law firm’s overall experience and reputation. With regards to experience, does that law firm handle the type of case that resulted in the death of your loved one? Is this a trucking case? Is it a medical malpractice case? Find a firm with a good track record handling the sorts of cases that involve your claim. 

Regards,

Tom Kemmy

Losing a family member because of someone else's negligence is one of the hardest things a person can go through, and the attorney you choose will shape both the outcome of your case and how supported you feel along the way. Under the Texas Wrongful Death Act, surviving spouses, children, and parents can pursue both economic damages (lost income, funeral costs, loss of inheritance) and non-economic damages (loss of companionship, mental anguish), and in cases involving gross negligence, punitive damages as well. You have two years from the date of death to file, so choosing the right attorney quickly matters. Here's what to look for:

Trial experience, not just settlement experience. Insurance companies size up a law firm before they ever make a fair offer. If they know an attorney has actually taken cases to verdict, they negotiate differently than they would with a firm that always settles. Ask how many jury trials the attorney or firm has handled, not just how many cases they've resolved.

A track record specific to catastrophic and fatal cases. Wrongful death cases are more complex than an average injury claim — they require proving long-term economic loss (future earnings, benefits, household contributions) and often involve multiple defendants (employers, product manufacturers, government entities). Look for attorneys who've specifically handled fatality cases, not just fender-benders.

Insight into how insurance companies think. Attorneys who've previously worked as insurance adjusters or insurance defense counsel bring a real advantage — they know how claims get valued and delayed from the inside, and how to counter those tactics.

Resources to build the case properly. Wrongful death cases often require accident reconstructionists, medical experts, economists, and life-care planners to establish both liability and the full scope of loss. A firm needs the financial resources and expert network to front these costs and go the distance, especially against well-funded insurers or corporate defendants.

A contingency fee arrangement. You shouldn't have to pay anything upfront to pursue justice for a loved one. Reputable wrongful death attorneys work on contingency, meaning they only get paid if you recover.

Compassion alongside competence. This isn't a typical case for your family, and it shouldn't feel like one. You want a team that communicates clearly, treats you with patience, and understands that a settlement number doesn't undo what you've lost — while still fighting as hard as any commercial litigator would.