Texas Wrongful Death Lawyers: Fighting for Families Who Lost Everything

Serving Houston, Austin, Beaumont, and All of Texas | 1-888-ATTY-911

Nothing Prepares You for the Call That Changes Everything

One moment, your loved one was alive. Going to work. Coming home from the store. Enjoying a ride on their motorcycle. Walking across a crosswalk. Then the phone rings, and everything you knew about your life ends.

If you’re reading this, you’ve experienced the unimaginable. Someone you love—your spouse, your parent, your child, your sibling—has been killed because of someone else’s negligence. Maybe a drunk driver on I-45 in Houston. Maybe a speeding 18-wheeler on I-35 near Austin. Maybe a chemical plant explosion in Beaumont’s Golden Triangle. Maybe a distracted driver who was texting instead of watching the road.

Right now, you’re probably not thinking about lawsuits and legal claims. You’re thinking about funeral arrangements. About how to tell the children. About how you’ll possibly survive the next hour, let alone the next day. You’re angry, devastated, confused, and numb—sometimes all at once.

We understand. And we’re here to help.

At Attorney911, we’ve spent over 25 years helping Texas families navigate the impossible aftermath of wrongful death. Under the leadership of Managing Partner Ralph Manginello, our firm has recovered millions of dollars for families who lost loved ones to negligence across Houston, Austin, Beaumont, and throughout the state. But more than the money, we’ve helped families find accountability, justice, and a path forward.

You don’t have to face this alone. Call 1-888-ATTY-911 for a free, confidential consultation. We’ll listen. We’ll answer your questions. And if you’re not ready today, that’s okay too. We’ll be here when you are.

Why Texas Families Trust Attorney911 for Wrongful Death Claims

When you’re facing the most difficult legal battle of your life, you need attorneys who bring exceptional credentials, proven results, and genuine compassion. Here’s what sets Attorney911 apart from other Texas wrongful death law firms:

Ralph Manginello: 25+ Years Fighting for Texas Families

Ralph Manginello founded Attorney911 with a simple mission: provide every client the fierce representation and personal attention they deserve. Since being admitted to the Texas Bar in 1998, Ralph has built a reputation as one of Houston’s most respected personal injury attorneys.

Ralph’s credentials include:

• 25+ years of personal injury and wrongful death experience—handling cases across Houston, Harris County, Travis County, Jefferson County, and throughout Texas
• Admission to the U.S. District Court for the Southern District of Texas—federal court experience critical for complex wrongful death cases involving interstate commerce, federal regulations, or corporate defendants
• Involvement in BP Texas City Refinery explosion litigation—the March 23, 2005 explosion killed 15 workers and injured 180+, demonstrating Attorney911’s capability to take on billion-dollar multinational corporations
• Member of the Harris County Criminal Lawyers Association (HCCLA)—elite criminal defense knowledge essential when wrongful death involves potential criminal charges against the defendant
• J.D. from South Texas College of Law Houston and B.A. in Journalism from the University of Texas at Austin—deep Texas roots and education

Ralph grew up in Houston’s Memorial area, attended local schools, and raised his family here. When he fights for wrongful death victims, he’s fighting for his neighbors, his community, and families just like his own.

As client Jamin Marroquin describes: “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined.”

Lupe Peña: The Insurance Defense Insider Now Fighting FOR You

Here’s what makes Attorney911 truly different from every other wrongful death law firm in Texas: Lupe Peña spent years working FOR insurance companies, defending them against wrongful death claims. Now he uses that insider knowledge to fight FOR grieving families.

Lupe worked at a national defense firm, learning firsthand how large insurance companies value wrongful death claims. He knows:

• How insurance companies calculate what they think your case is worth—and how they systematically undervalue wrongful death claims
• The tactics defense attorneys use to minimize payouts—delay, deny, deflect, and defend at all costs
• Which IME (Independent Medical Examination) doctors insurance companies hire—and how to expose their bias
• How recorded statements are used against grieving families—he took those statements himself for years
• The pressure points that force fair settlements—because he knows what insurance companies fear most: trial

As Lupe explains from his defense experience: “When I worked for insurance companies defending wrongful death cases, we’d calculate what we thought the family would accept—not what the case was actually worth. We’d target desperate families with low initial offers hoping they’d settle quickly. Now I make sure families understand their cases’ true value based on comprehensive economic analysis and expert testimony, not insurance company lowball tactics.”

Lupe’s credentials:

• Texas Bar admission 2012
• Admission to U.S. District Court for the Southern District of Texas
• Fluent Spanish—hablamos español
• 3rd generation Texan with King Ranch family heritage
• Born and raised in Sugar Land, Texas

When you hire Attorney911, you’re not just getting attorneys who know the law. You’re getting attorneys who know exactly how insurance companies think—because Lupe was on their team. Now he’s on yours.

Proven Results: Millions Recovered for Texas Families

At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation. Our documented results include:

• Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company
• Case settled in the millions for client whose leg was injured in car accident, leading to amputation after staff infections during treatment
• Millions recovered for families facing trucking-related wrongful death cases
• Significant cash settlement for maritime worker who injured his back while lifting cargo on a ship
• BP explosion litigation involvement—one of the few Texas firms involved in litigation against BP following the Texas City Refinery explosion
• Active $10 million lawsuit against University of Houston and Pi Kappa Phi fraternity (Bermudez v. Pi Kappa Phi, Harris County Civil District Court)—demonstrating our willingness to take on major institutions

These results demonstrate Attorney911’s capability for the most complex, high-stakes wrongful death cases. Whether you’re fighting a trucking company, a chemical plant, a drunk driver, or a multinational corporation, we have the experience and resources to pursue maximum compensation.

No fee unless we win. We work on contingency, meaning you pay nothing unless we recover compensation for your family. Call 1-888-ATTY-911 for your free consultation.

Statewide Presence: Houston, Austin, Beaumont, and Beyond

Attorney911 serves families throughout Texas from our offices in:

• Houston: Serving Harris County, Fort Bend County, Montgomery County, Galveston County, Brazoria County, and Greater Houston
• Austin: Serving Travis County, Williamson County, Hays County, Bastrop County, and Central Texas
• Beaumont: Serving Jefferson County, Orange County, Hardin County, and the Golden Triangle

Whether your loved one was killed on I-10 in Houston, I-35 in Austin, or Highway 69 in Beaumont, we’re here for you. Whether the tragedy occurred at a Ship Channel refinery, an Austin construction site, or a Beaumont chemical plant, we have the local knowledge and statewide resources to fight for your family.

What Is Wrongful Death Under Texas Law?

Under Texas Civil Practice and Remedies Code § 71.002, wrongful death is defined as a death caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party. In plain English: if someone’s negligence or intentional misconduct killed your loved one, Texas law allows surviving family members to hold them accountable through a wrongful death lawsuit.

Wrongful death claims are civil cases, separate from any criminal prosecution. While criminal cases seek to punish the wrongdoer with jail time or fines, wrongful death lawsuits seek compensation for the surviving family. You can pursue a wrongful death claim regardless of whether criminal charges are filed, and even if the defendant is acquitted in criminal court.

The Legal Elements of Wrongful Death in Texas

To succeed in a Texas wrongful death claim, we must prove these elements:

1. Duty of Care: The defendant owed a duty to act reasonably toward your loved one. Drivers owe a duty to follow traffic laws. Employers owe a duty to maintain safe workplaces. Doctors owe a duty to provide competent medical care. Property owners owe a duty to warn of dangerous conditions.

2. Breach of Duty: The defendant failed to meet their duty of care. They drove drunk. They ignored safety regulations. They failed to properly maintain equipment. They ran a red light while texting.

3. Causation: The defendant’s breach of duty directly caused your loved one’s death. This is where insurance companies often fight hardest—trying to blame other factors, claim pre-existing conditions contributed, or argue the death would have occurred anyway.

4. Damages: You suffered quantifiable losses as a result of the death. Lost financial support, funeral expenses, lost companionship, mental anguish, and pain and suffering are all recoverable damages in Texas.

Ralph Manginello’s 25+ years of experience means he understands exactly how to prove each element—and how to anticipate and defeat defense arguments. Lupe Peña’s insurance defense background means he knows exactly what tactics the other side will use, because he used them himself.

Wrongful Death vs. Survival Action: Understanding the Difference

Texas law provides two separate legal claims when someone is killed by negligence:

Wrongful Death Claim (Texas Civil Practice and Remedies Code § 71.002):

• Filed BY and FOR surviving family members (spouse, children, parents)
• Compensates family members for THEIR losses: lost financial support, lost companionship, mental anguish
• Damages belong to the family members who filed the claim

Survival Action (Texas Civil Practice and Remedies Code § 71.021):

• Filed by the deceased’s estate (through an executor or administrator)
• Compensates for the DECEASED’S losses before death: pain and suffering during the dying process, medical expenses, lost earnings from date of injury to date of death
• Damages go to the estate and are distributed to heirs

Many families don’t realize they may have BOTH claims. The survival action addresses what your loved one suffered before dying. The wrongful death claim addresses what YOU lost when they died. Insurance companies love when families don’t understand this distinction—it means they can pay less. At Attorney911, we pursue BOTH claims to maximize your family’s total recovery.

For more information about your legal rights, visit our attorneys page (https://attorney911.com/attorneys/) or contact us for a free consultation (https://attorney911.com/contact/).

Who Can File a Wrongful Death Lawsuit in Texas?

Texas law is specific about who can file a wrongful death claim. Understanding your legal standing is critical because only eligible family members can pursue compensation.

Eligible Wrongful Death Claimants Under Texas Law

Texas Civil Practice and Remedies Code § 71.004 limits wrongful death claims to:

1. Surviving Spouse: Legal spouse at the time of death. Common-law marriage may qualify if you can prove all elements of common-law marriage in Texas (agreement to be married, living together as spouses, holding out to others as married).

2. Children of the Deceased: Biological and legally adopted children. Adult children have the same rights as minor children, though damages are calculated differently. Stepchildren generally cannot file unless legally adopted.

3. Parents of the Deceased: Biological and adoptive parents. If the deceased had a surviving spouse or children, parents can still file but must coordinate with other eligible claimants.

Important: Texas law does NOT allow these individuals to file wrongful death claims:

• Siblings (unless also legal guardians with parental status)
• Grandparents (unless legally adopted the deceased)
• Extended family members
• Unmarried domestic partners (unless common-law marriage is proven)
• Fiancés or girlfriends/boyfriends

The 90-Day Rule: When the Estate Can File

If no eligible family member files a wrongful death claim within 90 days of the death, the personal representative of the deceased’s estate (executor or administrator) can file on behalf of eligible beneficiaries. However, any eligible family member can still come forward and take over the claim.

If ALL eligible family members specifically decline to bring the claim (in writing, filed with the court), then the personal representative can bring the claim for the estate’s benefit.

Coordinating Multiple Claimants

When multiple family members are eligible (for example, a surviving spouse and two adult children), Texas law strongly encourages—and courts often require—that all claims be brought together in a single lawsuit. This prevents defendants from paying multiple times and ensures fair allocation among family members.

This can create family conflicts, especially when relationships are strained. What if the surviving spouse and adult children from a previous marriage disagree? What if parents and a spouse don’t get along? These situations require careful legal navigation.

At Attorney911, Ralph Manginello has 25+ years of experience managing complex family dynamics in wrongful death cases. We facilitate family meetings, explain legal options to all parties, and work toward consensus while protecting each family member’s individual rights.

Minor Children and Guardian ad Litem

When minor children are wrongful death beneficiaries, Texas courts appoint a guardian ad litem—an independent attorney whose job is to protect the children’s interests. The guardian ad litem reviews any proposed settlement to ensure it’s fair to the children and may have input on how the children’s share is structured (often in trusts or structured settlements that protect the funds until the children reach adulthood).

This adds complexity but exists to protect children from adults who might not have their best interests at heart. At Attorney911, we work cooperatively with guardians ad litem while advocating for the best possible overall settlement for your family.

The Texas Wrongful Death Statute of Limitations: Two Years from Death

Under Texas Civil Practice and Remedies Code § 16.003, you have exactly two years from the date of death to file a wrongful death lawsuit. Miss this deadline by even one day, and your case is barred forever—no matter how clear the defendant’s negligence or how devastating your losses.

Critical points about the statute of limitations:

• The clock starts on the date of DEATH, not the date of the accident (if different)
• Filing requires actually submitting the lawsuit to the court—not just hiring an attorney
• There is generally NO extension for not knowing the defendant’s identity or discovering the cause of death later (with limited exceptions)
• Two years sounds like a long time until you’re grieving, planning funerals, dealing with estates, and trying to survive each day

Limited Exceptions to the Two-Year Deadline

Minor Claimants: If a wrongful death claimant is a minor (under 18), the statute of limitations is tolled (paused) until they turn 18. However, other family members’ claims are NOT tolled—adults must still file within two years.

Mental Incapacity: If a claimant lacks mental capacity to bring a claim, tolling may apply during the period of incapacity.

Defendant Concealment: In rare cases where the defendant actively concealed their involvement in the death, the discovery rule may delay when the limitations period begins.

Ultimate Statute of Repose: Texas imposes a 10-year “statute of repose” that provides an absolute outer deadline regardless of discovery issues.

Why You Shouldn’t Wait: Evidence Disappears Daily

Even though you have two years, waiting costs you in ways you may not realize:

Surveillance footage disappears: Convenience stores, traffic cameras, and businesses typically overwrite video after 7-30 days. Critical footage of the accident may be gone within weeks.

Witnesses forget and move: Eyewitness memory deteriorates rapidly. Witnesses move away, change phone numbers, become harder to locate.

Physical evidence is destroyed: Vehicles are repaired or junked. Accident scenes are repaved. Equipment is repaired or replaced.

Documents disappear: Electronic records may be overwritten. Companies go out of business. Employees leave.

Insurance companies investigate immediately: The defendant’s insurance company starts building their case the day of the accident. While you’re grieving, they’re documenting everything they can use against you.

Lupe Peña knows exactly how insurance companies use delays against families: “When I defended wrongful death cases, we loved it when families waited months or years to contact an attorney. It gave us time to lock down favorable witness statements, secure evidence that helped our client, and let unfavorable evidence disappear. Now I tell families: the sooner you call, the more evidence we can preserve for YOUR side of the case.”

Don’t wait. Call Attorney911 at 1-888-ATTY-911 for a free consultation. We can begin preserving evidence and building your case while you focus on your family.

What Damages Can Your Family Recover in a Texas Wrongful Death Case?

Texas wrongful death law allows surviving family members to recover two categories of damages: economic damages (financial losses you can document) and non-economic damages (emotional and relational losses that are real but harder to quantify).

Economic Damages: The Financial Impact of Your Loss

These damages compensate your family for documented financial losses:

Loss of Financial Support: This is often the largest component of wrongful death damages. If your loved one provided income to the family, you can recover the present value of their expected future earnings over their remaining work life. Economists calculate this using: current salary and benefits, expected wage increases and promotions, work life expectancy based on occupation and health, retirement age, and discount rates to calculate present value.

For a 35-year-old Houston oil worker earning $120,000/year with 30 years of expected work life, lost income alone could exceed $4 million in present value. For an Austin tech executive earning $300,000+, the numbers are even higher.

Loss of Benefits and Retirement Contributions: Beyond salary, your loved one likely provided health insurance, retirement contributions, stock options, and other benefits your family has now lost.

Loss of Household Services: Your loved one contributed value beyond income: childcare, cooking, cleaning, home maintenance, yard work, transportation. These services have economic value that can be calculated and recovered.

Loss of Inheritance: If your loved one would have accumulated savings, property, or assets that you would have inherited, that loss is compensable.

Medical Expenses Before Death: If your loved one survived for any period after the accident, emergency room costs, hospital stays, surgeries, and other treatment expenses are recoverable.

Funeral and Burial Expenses: Average funeral costs in Houston, Austin, and Beaumont range from $7,000 to $15,000 or more. These expenses are fully recoverable.

IMPORTANT: Texas has NO CAP on economic damages in most wrongful death cases. Unlike some states that limit recovery, Texas allows full compensation for documented economic losses.

Non-Economic Damages: Compensating the Incompensable

No amount of money replaces your loved one. But Texas law recognizes that you’ve suffered real losses beyond the financial:

Loss of Companionship and Society: The day-to-day presence of your loved one—sharing meals, watching TV, going on walks, simply being together. A spouse loses their life partner. Children lose their parent’s daily presence. Parents lose the joy of watching their child grow.

Loss of Love and Affection: The emotional bond, the hugs, the expressions of love, the security of knowing someone loves you unconditionally.

Loss of Comfort and Support: The emotional support during difficult times, the advice, the shoulder to cry on, the person who believed in you.

Loss of Consortium: For surviving spouses, this includes the loss of the marital relationship including intimacy, partnership, and emotional support.

Mental Anguish: The genuine emotional suffering—grief, depression, anxiety, PTSD, sleeplessness—that surviving family members experience.

Loss of Parental Guidance and Nurturing: For children who lost a parent, the guidance, discipline, education, and moral training they will never receive.

IMPORTANT: Texas has NO CAP on non-economic damages in most wrongful death cases. The exception is medical malpractice, where non-economic damages against healthcare providers are capped (up to $1.5 million against healthcare institutions combined with additional per-physician caps).

Punitive Damages: Punishing Gross Negligence

If the defendant’s conduct was particularly egregious—gross negligence, fraud, or malice—Texas allows punitive (exemplary) damages to punish the wrongdoer and deter similar conduct.

Common scenarios supporting punitive damages:

• Drunk driving: Choosing to drive intoxicated shows conscious indifference to human life
• Excessive speeding or racing: Reckless disregard for safety
• Knowing safety violations: Companies that ignored known dangers to save money
• Fraudulent conduct: Covering up defects or dangers

Punitive damages are capped in Texas at the greater of: $200,000 OR two times economic damages plus an amount up to $750,000 for non-economic damages. However, caps don’t apply if the death resulted from the defendant committing a felony.

For cases involving drunk drivers with dram shop liability (https://attorney911.com/law-practice-areas/drunk-driving-accident-lawyer/), punitive damages can substantially increase total recovery.

Insurance Companies Systematically Undervalue Wrongful Death Claims

This is where Lupe Peña’s insider knowledge becomes your family’s greatest advantage.

Insurance companies use sophisticated software (like Colossus) to calculate claim values—but those calculations are designed to MINIMIZE payouts, not calculate fair compensation. They’ll argue:

• The deceased’s earning potential was limited
• The surviving family had a strained relationship
• Non-economic damages should be minimal
• Comparative fault reduces your recovery

Lupe spent years calculating these lowball valuations for insurance companies. Now he uses that exact knowledge to fight for FAIR valuations: “I know what numbers insurance companies use internally. I know what they’re actually willing to pay versus what they offer first. And I know how to force them to pay what your case is actually worth.”

Don’t accept an insurance company’s first offer. Call Attorney911 at 1-888-ATTY-911 to understand what your wrongful death case is really worth. Your consultation is free, and we don’t get paid unless we win your case.

The First Steps: What to Do After a Wrongful Death

We understand you’re in shock. The idea of “taking action” when you can barely get through each hour feels impossible. Here’s what we tell families:

First, take care of yourself and your family. Grieve. Attend to funeral arrangements. Support each other. The legal process can wait a few days or weeks while you stabilize.

When you’re ready—and this might be tomorrow or it might be next month—here are the steps that protect your legal rights:

1. Do NOT Talk to Insurance Companies Without an Attorney

The at-fault party’s insurance company will contact you, often within days or even hours of the death. They’ll express sympathy. They’ll seem helpful. They may offer to “take care of” funeral expenses or provide quick payment to help you during this difficult time.

Be extremely cautious. Their job is to minimize what their company pays—not to help you. Anything you say can be used to reduce your claim.

As Lupe Peña warns from his defense experience: “Insurance companies train adjusters to call grieving families immediately, while they’re still in shock. They express sympathy while recording every word you say. They ask questions that seem innocent but are designed to establish facts that hurt your case later. I took those calls for years. Now I make sure families understand: don’t talk to them until you have an attorney protecting you.”

2. Preserve Critical Evidence

If you’re able, take steps to preserve evidence:

• Request copies of police reports or accident reports
• Photograph the scene if accessible
• Get contact information for any witnesses
• Preserve your loved one’s personal effects (cell phone, work materials, calendar)
• Keep all medical records and bills
• Save all correspondence from insurance companies

Don’t worry if you can’t do all of this immediately. Once you hire an attorney, we can send evidence preservation letters to defendants, subpoena surveillance footage, and conduct professional investigations.

3. Contact Attorney911 for a Free Consultation

When you’re ready, call 1-888-ATTY-911. During your free consultation:

• We’ll listen to your story
• We’ll answer your questions about the legal process
• We’ll explain your family’s options
• We’ll tell you honestly whether we believe you have a case
• If you choose to hire us, we’ll begin investigating immediately

There’s no pressure and no obligation. Many families call us just to understand their options—they’re not sure if they even want to pursue a lawsuit. That’s completely okay. We’re here to help you understand your rights, whether or not you ultimately decide to proceed.

Free consultation. No fee unless we win. Available 24/7.

Houston Office: Serving Harris County, Fort Bend, Montgomery, Galveston, Brazoria
Austin Office: Serving Travis County, Williamson, Hays, Bastrop, Central Texas
Beaumont Office: Serving Jefferson County, Orange, Hardin, the Golden Triangle

Learn more about our attorneys and their credentials (https://attorney911.com/attorneys/). Contact us today (https://attorney911.com/contact/) or call 1-888-ATTY-911.

Hablamos Español. Attorney Lupe Peña is fluent in Spanish and available to assist Spanish-speaking families throughout Texas.

Common Causes of Wrongful Death in Texas

Wrongful death can result from countless forms of negligence. At Attorney911, we’ve helped families across Houston, Austin, Beaumont, and throughout Texas who lost loved ones in every type of fatal accident imaginable. Under Ralph Manginello’s leadership, our attorneys bring 25+ years of experience to each case, combined with Lupe Peña’s insider knowledge of how insurance companies defend against these claims.

Here are the most common causes of wrongful death in Texas and how we approach each type:

Car Accident Wrongful Death

Motor vehicle accidents remain the leading cause of wrongful death claims in Texas. In 2024 alone, Texas recorded over 4,150 traffic fatalities statewide. Harris County (Houston) experienced 579 deaths from 546 fatal crashes. Travis County (Austin) recorded 84 traffic deaths. Jefferson County (Beaumont) and the Golden Triangle see disproportionately high fatal crash rates due to industrial traffic and chemical transport.

Car accident wrongful deaths commonly result from:

• Distracted driving—texting, phone use, eating, adjusting navigation
• Speeding—excessive speed reduces reaction time and increases impact force
• Running red lights and stop signs—intersection crashes are particularly deadly
• Aggressive driving—tailgating, weaving, road rage incidents
• Failure to yield—especially in left-turn collisions
• Drowsy driving—fatigue impairs reaction time similar to alcohol
• Inexperienced drivers—young drivers making fatal errors

When your loved one was killed by a negligent driver on I-45 in Houston, I-35 in Austin, or any Texas roadway, Attorney911 investigates thoroughly. We obtain police reports, analyze crash reconstruction data, interview witnesses, and build cases that hold negligent drivers accountable.

For car accident cases where your loved one survived initially but later died from injuries, both wrongful death and survival claims may apply. Our catastrophic injury attorneys understand how to pursue both for maximum recovery.

Learn more about car accident claims (https://attorney911.com/law-practice-areas/car-accidents/). If your loved one was killed in a car accident anywhere in Texas, call 1-888-ATTY-911 for a free consultation.

18-Wheeler and Trucking Wrongful Death

Commercial truck accidents are among the most catastrophic and legally complex wrongful death cases. When fully loaded, an 18-wheeler can weigh 80,000+ pounds—compared to about 4,000 pounds for a typical passenger car. The physics are devastating: occupants of passenger vehicles stand little chance in a collision with a semi-truck.

At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.

Texas—especially the Houston/Harris County area with its ports, refineries, and distribution centers—has more commercial truck traffic than almost anywhere in the nation. I-10, I-45, I-35, and Highway 69 are constant corridors of 18-wheelers. Every day, families lose loved ones to trucking accidents caused by:

• Driver fatigue—despite Hours of Service regulations, truckers routinely exceed safe driving hours
• Distracted driving—truckers on phones, tablets, or electronic logging devices while driving
• Inadequate training—trucking companies rushing undertrained drivers onto the road
• Equipment failures—faulty brakes, worn tires, malfunctioning lights
• Improper loading—overweight cargo, unbalanced loads, unsecured freight
• Aggressive driving—tight delivery schedules pushing dangerous driving behaviors
• Substance abuse—drugs used to stay awake on long hauls

Why trucking wrongful death cases are different: Multiple defendants may be liable. The truck driver, the trucking company, the cargo loading company, the maintenance contractor, the parts manufacturer—each may share responsibility. Federal Motor Carrier Safety Regulations (FMCSR) impose specific duties that can establish negligence. Electronic logging devices (ELDs) and “black box” data can prove violations. But this evidence disappears quickly if not preserved.

Ralph Manginello’s federal court experience is critical in trucking cases because many involve interstate commerce and federal regulations. His admission to the U.S. District Court for the Southern District of Texas means Attorney911 can litigate in federal court when appropriate.

When a trucking company destroys evidence, violates federal regulations, or tries to hide driver qualifications, we hold them accountable. Our involvement in BP explosion litigation proves we can take on multi-billion-dollar corporations and their armies of defense lawyers.

Learn more about 18-wheeler accident claims (https://attorney911.com/law-practice-areas/18-wheeler-accidents/). Call 1-888-ATTY-911 if your loved one was killed in a trucking accident anywhere in Texas.

Drunk Driving Wrongful Death

When a drunk driver kills your loved one, you face unique grief: this death was entirely preventable. Someone made the conscious choice to get behind the wheel intoxicated, knowing the danger, and killed an innocent person. The anger is overwhelming—and justified.

Drunk driving wrongful death cases often support punitive damages because driving intoxicated demonstrates “gross negligence”—conscious indifference to the rights and safety of others. Texas courts recognize that society has a strong interest in punishing drunk drivers beyond compensating victims.

Multiple defendants may be liable:

• The drunk driver—directly liable for their negligence
• Bars and restaurants (dram shop liability)—under Texas Alcoholic Beverage Code § 2.02, establishments that serve obviously intoxicated patrons can be held liable when those patrons cause accidents
• Social hosts—individuals who serve alcohol to visibly intoxicated adults or to minors
• Employers—if the drunk driver was on the job or driving a company vehicle

Dram shop claims can dramatically increase recovery in drunk driving wrongful death cases because bars and restaurants typically carry substantial liability insurance.

Criminal prosecution often accompanies drunk driving deaths, but criminal and civil cases proceed independently. Even if the drunk driver is convicted of intoxication manslaughter, that criminal case doesn’t provide compensation to your family. The civil wrongful death lawsuit is how your family recovers financially—and often provides the only real accountability when criminal sentences seem too lenient.

Learn more about drunk driving accident claims (https://attorney911.com/law-practice-areas/drunk-driving-accident-lawyer/). If a drunk driver killed your loved one anywhere in Texas, call Attorney911 at 1-888-ATTY-911.

Industrial and Workplace Wrongful Death

Texas has one of the highest workplace fatality rates in the nation. The Houston Ship Channel alone contains the largest concentration of refineries and chemical plants in the United States. Beaumont’s Golden Triangle—Port Arthur, Orange, and Beaumont—is dominated by petrochemical facilities. Austin’s construction boom has led to significant construction-related fatalities.

Industrial wrongful death includes:

• Refinery and chemical plant explosions—catastrophic events killing multiple workers
• Chemical releases and toxic exposure—immediate or delayed deaths from inhaling toxic substances
• Confined space incidents—oxygen depletion, toxic atmosphere, engulfment
• Equipment failures—machinery malfunctions, crane collapses, pressure vessel ruptures
• Falls from height—scaffolding collapses, unprotected edges, ladder accidents
• Electrocutions—contact with power lines or faulty electrical systems
• Struck-by incidents—falling objects, moving equipment, vehicle strikes

Attorney911’s BP Explosion Litigation Experience: Ralph Manginello’s firm was one of the few Texas firms involved in litigation following the March 23, 2005 BP Texas City Refinery explosion. This disaster—one of the worst industrial accidents in American history—killed 15 workers, injured over 180, and resulted in over $2.1 billion in settlements. Our involvement in that litigation demonstrates Attorney911’s capability to take on the most powerful corporations and their armies of defense lawyers.

Workers’ Compensation Complications: Texas workers’ compensation law creates unique challenges for workplace wrongful death. If the employer had workers’ compensation insurance, you generally cannot sue the employer directly—you’re limited to workers’ comp death benefits (which are often inadequate). However, you CAN sue third parties whose negligence contributed to the death: equipment manufacturers, maintenance contractors, other companies on the jobsite, chemical suppliers, safety equipment providers.

Approximately one-third of Texas employers opt OUT of workers’ compensation (Texas is unique in allowing this). If your loved one’s employer was a “non-subscriber,” you CAN sue the employer directly for wrongful death without workers’ comp limitations.

At Attorney911, we identify every possible defendant to maximize your family’s recovery—whether through workers’ compensation, employer suits (for non-subscribers), or third-party claims against equipment manufacturers and contractors.

Maritime and Offshore Wrongful Death

Houston’s position as home to the Port of Houston—the largest port in the United States by foreign waterborne tonnage—means significant maritime and offshore worker fatalities. Beaumont’s Port of Beaumont handles massive cargo volumes. Offshore oil and gas operations in the Gulf of Mexico result in deaths from platform accidents, vessel incidents, and diving operations.

Maritime wrongful death is governed by federal laws including the Jones Act, the Death on the High Seas Act (DOHSA), and general maritime law—not Texas state law. These federal maritime laws create different rules for who can sue, what damages are available, and how comparative fault is applied.

Jones Act Seamen: If your loved one was a “seaman” (spent 30%+ of work time in service of a vessel), federal maritime law applies. The Jones Act allows seamen to sue employers for negligence—unlike Texas workers’ comp which bars employer suits.

Offshore Platform Workers: Workers on offshore platforms may have claims under the Outer Continental Shelf Lands Act (OCSLA), which typically applies state law (usually Louisiana or Texas) but with federal procedural rules.

Longshoremen and Harbor Workers: Dock workers and harbor employees are covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA), a federal compensation scheme with different benefits and third-party claim rights.

Ralph Manginello’s admission to federal court and experience with complex federal litigation makes Attorney911 well-equipped for maritime wrongful death cases. Our documented result includes reaching a “significant cash settlement” for a maritime worker who injured his back while lifting cargo on a ship—demonstrating our ability to navigate these complex claims.

Motorcycle Accident Wrongful Death

Motorcyclists are uniquely vulnerable on Texas roads. Unlike car occupants protected by vehicle frames, seatbelts, and airbags, motorcycle riders have almost no protection in a collision. Even a “minor” accident that would cause fender damage in a car can kill a motorcyclist.

Texas motorcycle fatalities often result from:

• Drivers failing to see motorcycles—inattention, blind spots, failure to yield
• Left-turn collisions—drivers turning left directly into oncoming motorcycles
• Unsafe lane changes—drivers merging into motorcycles in adjacent lanes
• Rear-end collisions—catastrophic for motorcyclists even at low speeds
• Road hazards—debris, potholes, and road conditions that are minor inconveniences for cars but deadly for motorcycles

Insurance companies often try to blame motorcyclists for their own deaths—arguing they were speeding, riding recklessly, or failing to take evasive action. Texas’s proportionate responsibility rules mean your family can still recover compensation even if your loved one bore some fault, as long as they weren’t more than 50% responsible.

Lupe Peña’s defense experience means he’s seen every tactic insurance companies use to blame motorcyclists. Now he anticipates and defeats those arguments to protect grieving families.

Learn more about motorcycle accident claims (https://attorney911.com/law-practice-areas/motorcycle-accidents/). Call 1-888-ATTY-911 if your loved one was killed in a motorcycle accident.

Pedestrian Wrongful Death

Austin in particular sees high rates of pedestrian fatalities due to urban density, extensive walking culture, and inadequate pedestrian infrastructure in rapidly developing areas. Houston’s sprawling urban landscape creates dangerous pedestrian conditions on high-speed arterial roads not designed for foot traffic. Beaumont’s smaller downtown and industrial areas present different pedestrian hazards.

Pedestrian wrongful deaths commonly occur in:

• Crosswalk accidents—drivers failing to yield to pedestrians with right-of-way
• Intersection crashes—drivers running red lights or stop signs
• Parking lot accidents—distracted drivers striking pedestrians in shopping centers
• Hit-and-run incidents—drivers fleeing after striking pedestrians
• Construction zone accidents—inadequate pedestrian routing in construction areas
• Nighttime accidents—visibility issues, drunk drivers, inadequate lighting

Pedestrians have almost zero protection from vehicle impacts. Even at moderate speeds, a pedestrian struck by a car or truck suffers catastrophic injuries often resulting in death.

Learn more about pedestrian accident claims (https://attorney911.com/law-practice-areas/pedestrian-accidents/). If your loved one was struck and killed as a pedestrian anywhere in Texas, call Attorney911 at 1-888-ATTY-911.

Bicycle Accident Wrongful Death

Texas cyclists face dangerous conditions on roads designed primarily for motor vehicles. Austin has an extensive cycling culture but inadequate protected bike infrastructure. Houston’s wide, high-speed streets are particularly dangerous for cyclists. Cycling deaths result from:

• Drivers passing too closely—Texas requires 3-foot passing distance for bicycles
• Right-hook collisions—drivers turning right into cyclists in bike lanes
• Dooring accidents—car occupants opening doors into cyclists’ paths
• Distracted driving—drivers on phones failing to see cyclists
• Impaired driving—drunk or drugged drivers striking cyclists

Like motorcyclists, cyclists are often blamed by insurance companies for their own deaths. Texas law requires drivers to share the road with cyclists and maintain safe passing distances. When drivers violate these duties and kill cyclists, they should be held accountable.

Medical Malpractice Wrongful Death

When medical professionals fail to provide competent care—misdiagnosis, surgical errors, medication mistakes, failure to treat—patients die from preventable causes. Medical malpractice wrongful death claims are among the most complex in personal injury law, requiring expert testimony about standard of care violations and causation.

Important: Texas caps non-economic damages in medical malpractice cases. Under Texas Civil Practice and Remedies Code § 74.301, non-economic damages against physicians and healthcare providers are limited to $250,000 per claimant, with up to $500,000 from all healthcare institutions combined. These caps don’t apply to economic damages (lost wages, medical bills)—only to pain and suffering, loss of companionship, and mental anguish.

Despite damages caps, medical malpractice wrongful death claims can still result in substantial recovery when economic damages are significant—particularly when a high-earning person in their prime working years dies from medical negligence.

Nursing Home Neglect and Abuse Wrongful Death

When elderly loved ones are placed in nursing homes, families trust those facilities to provide competent care. Too often, understaffing, inadequate training, and profit-driven cost-cutting lead to preventable deaths from:

• Falls—failure to assist residents with mobility needs
• Bedsores (pressure ulcers)—inadequate repositioning leading to infection and sepsis
• Medication errors—wrong medications, wrong dosages, missed doses
• Malnutrition and dehydration—failure to ensure adequate food and fluid intake
• Infections—failure to maintain sanitary conditions
• Wandering/elopement—failure to secure residents with dementia who wander into dangerous situations

Nursing home wrongful death claims may be brought against the facility, the corporate owner, individual staff members, and sometimes attending physicians. These cases often reveal patterns of systemic neglect affecting multiple residents.

Defective Product Wrongful Death

When dangerous products kill consumers, Texas law allows wrongful death claims against manufacturers, distributors, and retailers. Product liability wrongful death includes:

• Vehicle defects—faulty brakes, tire blowouts, rollover-prone designs, defective airbags (like the massive Takata airbag recall)
• Industrial equipment—machinery without proper safeguards, defective tools
• Medical devices—defective implants, faulty surgical equipment
• Pharmaceutical drugs—dangerous side effects not adequately disclosed
• Consumer products—dangerous household items, children’s products, recreational equipment

Product liability claims can be based on design defects (the product’s fundamental design is unsafe), manufacturing defects (an error in producing this specific product), or marketing defects (failure to warn about known dangers or provide adequate instructions).

Premises Liability Wrongful Death

Property owners owe duties to keep their premises safe for visitors. When dangerous conditions on property cause fatal accidents, premises liability wrongful death claims hold owners accountable:

• Slip and fall deaths—falls from height, slippery surfaces causing head injuries
• Swimming pool drowning—inadequate fencing, lack of supervision, missing safety equipment
• Inadequate security—failure to provide security in known high-crime areas, leading to fatal assaults
• Fire deaths—lack of smoke detectors, blocked exits, building code violations
• Structural failures—building collapses, deck failures, stairway accidents

Texas premises liability law distinguishes between invitees (customers, the highest duty of care), licensees (social guests, intermediate duty), and trespassers (limited duty except for children under attractive nuisance doctrine). Understanding these distinctions is critical to succeeding in premises liability wrongful death claims.

Every Type of Fatal Negligence, Every Texas Community

Whatever caused your loved one’s death—whether it’s one of the categories above or another form of negligence—Attorney911 has the experience to investigate, build your case, and fight for maximum compensation.

• Houston families—Ship Channel refinery accidents, I-45 and I-10 car crashes, Port of Houston maritime deaths, construction accidents throughout Harris County
• Austin families—I-35 trucking crashes, pedestrian and bicycle deaths in urban areas, construction site fatalities in a booming development market
• Beaumont families—Golden Triangle chemical plant incidents, Port of Beaumont maritime accidents, industrial fatalities throughout Jefferson, Orange, and Hardin counties

Ralph Manginello’s 25+ years of experience, Lupe Peña’s insider knowledge of insurance defense tactics, and our statewide presence mean your family receives world-class representation wherever the tragedy occurred.

Free consultation. No fee unless we win. Call 1-888-ATTY-911.

The Wrongful Death Legal Process: What to Expect

Understanding the legal process helps families make informed decisions and reduces anxiety about the unknown. Here’s what happens when you pursue a wrongful death claim with Attorney911:

Phase 1: Investigation (Weeks 1-8)

The moment you hire Attorney911, we begin investigating. This is often the most critical phase because evidence disappears quickly.

Evidence Preservation Letters: We immediately send spoliation letters to all potential defendants and their insurance companies, demanding they preserve all evidence related to the incident. This includes surveillance footage, electronic data (black boxes, cell phone records), documents, physical evidence, and witness contact information. Failure to preserve evidence after receiving our letter can result in serious sanctions against the defendant at trial.

Scene Investigation: If the accident scene still contains relevant evidence, we document it. For car accidents, we photograph skid marks, road conditions, signage, and sightlines. For industrial accidents, we examine equipment, safety systems, and work conditions (often with expert assistance). For premises liability, we document the dangerous condition that caused the death.

Witness Interviews: We locate and interview witnesses while their memories are fresh. Eyewitnesses, coworkers, neighbors, first responders—anyone who saw what happened or has relevant information. Witness statements taken weeks after an accident are far more reliable than statements taken months or years later.

Document Collection: We gather police reports, accident reports, autopsy reports, medical records, employment records, tax returns, insurance policies, and any other documents relevant to liability and damages.

Expert Engagement: Depending on the case, we may engage experts early:

• Accident reconstructionists—to analyze how crashes occurred using physics, engineering, and available data
• Medical experts—to review treatment, determine cause of death, and opine on pre-death pain and suffering
• Vocational experts—to analyze the deceased’s career trajectory and earning potential
• Economists—to calculate present value of future lost earnings and benefits
• Industry experts—for industrial, maritime, or workplace deaths, experts in OSHA regulations, safety standards, and industry practices

Lupe Peña’s defense experience shapes our investigation strategy: “I know exactly what evidence insurance companies look for to defend these cases because I used to direct those investigations. Now I make sure we find that evidence first—or at least neutralize it before they can use it against your family.”

Phase 2: Demand and Negotiation (Months 3-12)

Once we’ve completed our investigation and compiled comprehensive damages evidence, we present a demand to the defendant’s insurance company.

The Demand Package: Our demand includes a detailed summary of liability evidence, calculation of all damages with supporting documentation, and our settlement demand amount. This is a formal legal document that shows the insurance company exactly what they’re facing if the case goes to trial.

Insurance Company Response: The insurance company will typically respond with either a settlement offer (often far below our demand) or a denial of liability. Most cases involve extensive negotiation at this stage.

Negotiation Strategy: This is where Lupe Peña’s insider knowledge becomes invaluable. He knows:

• What insurance companies are actually willing to pay versus what they offer initially
• How to escalate claims within insurance company hierarchy
• When to accept reasonable offers versus when to push harder
• The pressure points that move insurance companies to increase offers
• When to stop negotiating and file suit

“Insurance companies have reserves—internal estimates of what cases are actually worth. Their initial offers are almost never their final offers. I know how to push them toward their actual reserves because I used to set those reserves myself.” — Lupe Peña

Phase 3: Filing the Lawsuit (If Necessary)

If the insurance company won’t offer fair compensation, we file a wrongful death lawsuit. Many families worry about this step, but filing suit is often necessary to get fair results.

Where We File:

• Harris County District Courts (Houston)—for cases arising in the Houston area
• Travis County District Courts (Austin)—for cases arising in Central Texas
• Jefferson County District Courts (Beaumont)—for cases arising in the Golden Triangle
• U.S. District Court for the Southern District of Texas—for cases involving federal law, interstate commerce, or diverse citizenship (Ralph Manginello is admitted to practice in federal court)
• Other Texas courts—depending on where the death occurred or where defendants are located

The Filing Process: We draft and file a formal petition (complaint) identifying the defendants, describing the negligence that caused your loved one’s death, and stating the damages your family seeks. The defendants are formally served with the lawsuit and given time to respond.

What Filing Accomplishes: Filing suit triggers discovery rights—the legal power to compel defendants to produce documents, answer questions under oath, and submit to depositions. Many cases settle after filing because defendants realize we’re serious and discovery will expose unfavorable facts.

Phase 4: Discovery (Months 6-18 After Filing)

Discovery is the formal process of exchanging information between parties. This is where cases are often won or lost.

Written Discovery: We send interrogatories (written questions the defendant must answer under oath) and requests for production (demands for relevant documents). Defendants send us similar requests. We respond strategically while protecting your privacy.

Depositions: Depositions are recorded, under-oath questioning of witnesses and parties. We depose:

• The defendant(s)
• Corporate representatives of defendant companies
• Eyewitnesses
• Expert witnesses
• Anyone with relevant knowledge

The defendants will also depose you and possibly other family members. This can be emotionally difficult—you’ll be asked about your relationship with the deceased, your losses, and potentially uncomfortable personal matters. We prepare you thoroughly and attend with you to protect you from improper questioning.

Expert Discovery: Both sides identify expert witnesses and exchange expert reports. Our experts explain their opinions about liability, causation, and damages. We challenge the defense experts’ qualifications and opinions.

Phase 5: Mediation and Settlement Negotiations (Ongoing)

Most wrongful death cases settle before trial. Settlement provides certainty, privacy, and faster resolution. But settlement should only occur at a fair amount—never because you’re desperate to end the process.

Mediation: Most Texas courts require mediation before trial. Mediation is a structured negotiation process with a neutral mediator who facilitates discussion. The mediator doesn’t decide your case—they help both sides find common ground.

Settlement Evaluation: Before accepting any settlement, we ensure you understand:

• The likely range of trial outcomes
• The risks of going to trial
• The costs and time involved in trial
• Whether the settlement fairly compensates your losses
• How the settlement compares to similar cases

Ralph Manginello’s 25+ years of experience means we can accurately assess what your case is worth at trial—and whether a settlement offer is fair.

Phase 6: Trial (If No Settlement)

If the case doesn’t settle, we take it to trial. Attorney911 prepares every case as if it’s going to trial—because insurance companies know which attorneys actually try cases versus which ones always settle.

Jury Selection: We carefully select jurors who can fairly evaluate your case. Wrongful death cases often generate jury sympathy, but we must identify and exclude jurors with biases against plaintiffs or particular damage categories.

Opening Statements: We present your case theme—why the defendant’s negligence killed your loved one and what your family lost.

Evidence Presentation: We present witness testimony, documentary evidence, and expert opinions that prove liability and damages. Cross-examination challenges the defense witnesses’ credibility and opinions.

Closing Arguments: We summarize the evidence and argue for appropriate compensation.

Verdict and Judgment: The jury (or judge in bench trials) determines liability and awards damages. If successful, the court enters judgment that we then collect from the defendant or their insurance.

Lupe Peña’s perspective on trial: “When I defended wrongful death cases, we’d identify which plaintiff attorneys would actually try cases versus which ones always settled. We made lowball offers to attorneys we knew would never go to trial. But when we faced trial attorneys with records of taking verdicts, we had to evaluate risk honestly and offer meaningful settlements. At Attorney911, we prepare every case for trial—and defendants know it.”

Timeline: How Long Does a Wrongful Death Case Take?

Most wrongful death cases take 18-36 months from hiring an attorney to resolution. Some settle faster; complex cases can take longer.

Factors affecting timeline:

• Liability clarity—clear liability cases settle faster than disputed liability
• Number of defendants—more defendants means more complexity
• Insurance company cooperation—some negotiate in good faith; others delay
• Court dockets—some counties have faster dockets than others (Harris County can be particularly slow due to volume)
• Case complexity—medical malpractice and product liability typically take longer than motor vehicle cases

We balance moving aggressively with developing your case properly. Settling too fast often means leaving money on the table. As client Jamin Marroquin describes: “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.”

Why Choose Attorney911 for Your Wrongful Death Case?

When you’re choosing an attorney after losing a loved one, you’re making one of the most important decisions of your life. The wrong attorney can mean inadequate compensation, poor communication, and additional stress during an already devastating time. Here’s why Texas families choose Attorney911:

1. Lupe Peña’s Insurance Defense Background: The Ultimate Insider Advantage

This is our biggest competitive advantage—and something no other Texas firm can truly match.

Lupe Peña spent years working FOR insurance companies at a national defense firm. He defended insurance companies and corporations against wrongful death claims. He learned:

• How insurance companies value claims (and how they systematically undervalue them)
• The tactics defense attorneys use to minimize payouts
• Which IME doctors insurance companies prefer (and how to expose their bias)
• How recorded statements are twisted against families
• The internal decision-making processes for settlement authority
• What evidence defense attorneys look for to attack claims

Now he uses that exact knowledge FOR grieving families, not against them.

“I’ve sat in corporate defense meetings where we strategized how to minimize payouts to widows and orphans. I’ve drafted motions designed to delay families into accepting lowball settlements. I’ve taken recorded statements specifically designed to create statements that could be used against grieving families later. Now I make sure none of those tactics work against MY clients.” — Lupe Peña

When you hire Attorney911, you’re not just hiring attorneys who know the law. You’re hiring an attorney who KNOWS HOW THE OTHER SIDE THINKS—because he was on their team. Now he’s on yours.

2. Ralph Manginello’s 25+ Years of Experience and Federal Court Admission

Ralph Manginello has been fighting for Texas injury victims since 1998. His credentials include:

• 25+ years of personal injury and wrongful death experience
• Admission to U.S. District Court for the Southern District of Texas—critical for complex cases involving federal law, interstate commerce, or large corporate defendants
• One of the few Texas firms involved in BP explosion litigation—proving capability against billion-dollar multinational corporations
• HCCLA membership—criminal defense knowledge important when wrongful death involves potential criminal prosecution of the defendant
• Deep Houston roots—raised in Memorial, educated at UT Austin and South Texas College of Law, raising his family in the community he serves

Ralph doesn’t just handle personal injury cases—he’s dedicated his career to them. When you hire Attorney911, you’re getting an attorney who has seen every type of case, every defense tactic, and every insurance company maneuver.

3. Documented Results: Millions Recovered for Texas Families

At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation. Our documented results include:

• Multi-million dollar settlement for client who suffered brain injury with vision loss in workplace accident
• Case settled in the millions for client whose leg injury from car accident led to amputation
• Millions recovered for families facing trucking-related wrongful death
• BP explosion litigation involvement—demonstrating capability against the most powerful defendants
• Active $10 million lawsuit against University of Houston and fraternity—showing we don’t back down from institutional defendants

These results aren’t just numbers—they represent families who got justice after devastating losses. As client Donald Wilcox describes: “One company said they would not except my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.”

4. Resources to Fully Prosecute Your Case

Wrongful death cases are expensive to prosecute properly. Hiring accident reconstructionists, economists, medical experts, vocational specialists, and industry experts can cost $100,000+ in complex cases. Many small firms can’t afford these costs and either cut corners or pressure families to settle prematurely.

At Attorney911, we have the resources to invest whatever is necessary:

• We hire top experts regardless of cost
• We take depositions of every relevant witness
• We conduct thorough investigations with investigators and specialists
• We prepare every case for trial—even when we expect to settle

You pay nothing out of pocket. We front all case costs—experts, court fees, investigation expenses—and only recover those costs if we win your case.

5. Statewide Presence with Local Knowledge

With offices in Houston, Austin, and Beaumont, Attorney911 combines statewide resources with deep local knowledge:

Houston/Harris County: We know the Harris County courts, the judges, the local defense firms, the refineries and industrial facilities along the Ship Channel, the dangerous highways and intersections, and the trauma centers that treat accident victims.

Austin/Travis County: We understand Austin’s unique characteristics—the tech industry workforce, the cycling culture, the construction boom, the pedestrian-heavy urban core, and the Travis County court system.

Beaumont/Golden Triangle: We know the Jefferson County courts, the petrochemical industry that dominates the region, the Port of Beaumont, and the industrial workplace environment that creates unique hazards.

Wherever your tragedy occurred in Texas, we have the local knowledge to pursue your case effectively.

6. Compassionate, Responsive Service

You’re not just a case file to us. Our 4.9-star rating across 251+ Google reviews reflects our commitment to treating every client like family.

From our clients:

“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” — Chad Harris

“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” — Stephanie Hernandez

“Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.” — Brian Butchee

“They went above and beyond! Special thank you to Ralph and Leanor.” — Diane Smith

“Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined.” — Jamin Marroquin

We assign dedicated case managers (many clients mention Leonor, Melani, Amanda, and Zulema by name) who keep you informed at every stage. You have direct access to your attorney. We return calls promptly. We explain everything in terms you understand.

7. Taking Cases Others Reject

Not every law firm will take every wrongful death case. Some cases are too complex. Some have liability challenges. Some are against powerful defendants with aggressive legal teams. Many firms cherry-pick easy cases and reject difficult ones.

At Attorney911, we’ve built a reputation for taking cases other firms wouldn’t touch:

“One company said they would not except my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.” — Donald Wilcox

“They solved in a couple of months what others did nothing about in two years.” — Angel Walle

“In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” — Greg Garcia

If another firm rejected your case or you’re unhappy with your current attorney’s service, call us. We may be able to help where others couldn’t.

8. Bilingual Services: Hablamos Español

Attorney Lupe Peña is fluent in Spanish. We serve Spanish-speaking families throughout Texas without language barriers. If you’re more comfortable discussing your case in Spanish, we accommodate you completely.

Lupe is a 3rd generation Texan with King Ranch family heritage—raised in Sugar Land and deeply connected to Texas’s Hispanic community. When you call Attorney911, you can speak to an attorney in your language about your case.

9. No Fee Unless We Win: Zero Financial Risk

We work on contingency: you pay no attorney fees unless we recover compensation for your family. We also front all case costs—expert fees, court costs, investigation expenses—and only recover those if we win.

How our fee structure works:

• If we settle your case before filing suit: we receive 33.33% of the recovery
• If we go to trial: we receive 40% of the recovery
• If we recover nothing: you owe us nothing—not for attorney fees, not for costs, nothing

This means you can pursue justice without financial risk. We take all the risk; you pay nothing unless we win.

Free consultation. No fee unless we win. Call 1-888-ATTY-911.

Learn more about our attorneys (https://attorney911.com/attorneys/) or contact us for your free consultation (https://attorney911.com/contact/).

Frequently Asked Questions About Texas Wrongful Death Claims

How much is a wrongful death case worth in Texas?

Every wrongful death case is unique, and value depends on multiple factors: the deceased’s age, earning capacity, and career trajectory; the number and ages of surviving dependents; the strength of liability evidence; the degree of negligence (ordinary vs. gross negligence supporting punitive damages); available insurance coverage and defendant assets; and whether damages caps apply (medical malpractice vs. other cases).

Texas wrongful death settlements and verdicts range from hundreds of thousands to tens of millions of dollars. Cases involving young, high-earning victims with children typically result in larger awards because of decades of lost financial support and companionship. Cases with clear gross negligence (drunk driving, willful safety violations) can include substantial punitive damages.

Don’t trust insurance company valuations. As Lupe Peña explains from his insurance defense experience: “When I worked for insurance companies defending wrongful death cases, we’d calculate what we thought the family would accept—not what the case was actually worth. We’d target desperate families with low initial offers hoping they’d settle quickly. Now I make sure families understand their cases’ true value based on comprehensive economic analysis and expert testimony, not insurance company lowball tactics.”

At Attorney911, we hire economists and other experts who calculate comprehensive damages. We don’t guess at your case’s value—we prove it with detailed expert analysis.

Who gets the money from a wrongful death settlement in Texas?

Texas law specifies that wrongful death recovery is distributed to the surviving family members who filed the claim: surviving spouse, children of the deceased, and parents of the deceased (if no surviving spouse or children).

How courts allocate among multiple claimants: When multiple family members file (e.g., surviving spouse and children), the jury or settlement agreement specifies how recovery is divided based on: each family member’s relationship with the deceased, each family member’s dependency on the deceased’s financial support, each family member’s emotional loss, and the deceased’s contributions to each family member’s life.

There’s no automatic formula. A surviving spouse might receive 50% with children sharing the other 50%, or allocation might vary based on circumstances. At Attorney911, we work with families to reach agreement on fair allocation.

Survival action recovery: Survival action damages (for the deceased’s own pre-death losses) go to the estate and are distributed to heirs according to the will or Texas intestacy laws—not directly to wrongful death claimants.

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

You have exactly two years from the date of death to file a wrongful death lawsuit under Texas Civil Practice and Remedies Code § 16.003. Miss this deadline and your case is barred forever—no matter how clear the defendant’s negligence or how devastating your losses.

Limited exceptions: If a wrongful death claimant is a minor (under 18), the statute of limitations is tolled until they turn 18. Mental incapacity may also toll the deadline. But adults must file within two years.

Don’t wait. Evidence disappears daily—surveillance footage is overwritten, witnesses forget and move, physical evidence is destroyed. Call Attorney911 at 1-888-ATTY-911 to protect your family’s rights.

Can I file a wrongful death claim if there’s a criminal case?

Yes. Criminal cases and civil wrongful death cases are completely independent. The criminal case is handled by prosecutors and seeks punishment. The civil case is handled by your attorney and seeks compensation. You can pursue both simultaneously.

A criminal conviction can help your civil case because it establishes the defendant’s wrongful conduct. But even if criminal charges aren’t filed or the defendant is acquitted, you can still pursue and win your civil case because civil cases have a lower burden of proof (preponderance of evidence vs. beyond reasonable doubt).

What if the at-fault party has no insurance or assets?

This is frustrating but common. We investigate all possible sources of compensation:

• Employer liability—if the at-fault party was working, their employer may be liable
• Other defendants—there may be third parties who share liability (bars that over-served drunk drivers, companies that negligently maintained equipment, manufacturers of defective products)
• Your loved one’s insurance—uninsured/underinsured motorist coverage on their auto policy may apply
• Umbrella policies—some defendants have personal umbrella policies
• Crime victims compensation—if your loved one was killed in a crime, Texas Crime Victims’ Compensation may provide limited benefits

At Attorney911, we exhaust every possible avenue. Even when the immediate defendant appears judgment-proof, we often find other liable parties with insurance coverage.

How long will my wrongful death case take?

Most wrongful death cases take 18-36 months from hiring an attorney to resolution. Factors affecting timeline include liability clarity, number of defendants, insurance company cooperation, court dockets, and case complexity.

We balance moving aggressively with developing your case properly. Settling too quickly often means leaving money on the table.

Do I have to go to court or testify?

Maybe, but probably not. Most wrongful death cases settle without trial. If your case settles, you sign settlement documents and receive compensation without testifying.

If your case goes to trial (10-20% of cases), you’ll likely testify about your relationship with the deceased and how their death impacted you. We prepare you thoroughly. Many clients find testifying cathartic—an opportunity to tell the world who their loved one was.

You may also be deposed during discovery even if the case settles. We prepare you and attend to protect you from improper questioning.

What if my loved one was partially at fault?

Texas applies “proportionate responsibility” rules. Your family can recover compensation as long as your loved one was not more than 50% responsible. Recovery is reduced by their percentage of fault.

For example, if the jury awards $2 million but finds your loved one 20% at fault, you’d recover $1.6 million ($2 million × 80%). If found 51%+ at fault, you recover nothing.

Insurance companies will try to exaggerate your loved one’s fault. Lupe Peña knows these tactics from his defense experience and aggressively counters them.

Can I sue my loved one’s employer for wrongful death?

It depends on workers’ compensation. If the employer had workers’ comp insurance, you generally can’t sue them directly—you’re limited to workers’ comp death benefits. But you CAN sue third parties (equipment manufacturers, contractors, other companies on the worksite).

If the employer did NOT have workers’ comp (about 1/3 of Texas employers opt out), you CAN sue them directly for wrongful death.

At Attorney911, we identify all possible defendants to maximize recovery.

Do I have to pay taxes on a wrongful death settlement?

Generally, wrongful death settlements are not taxable income under federal tax law. Compensation for physical injury or death, including wrongful death, is excluded from gross income under IRS rules.

However, there are exceptions: punitive damages may be taxable, interest earned on delayed payments is taxable, and portions allocated to lost wages may have tax implications. We recommend consulting a tax professional about your specific situation.

What if the defendant files for bankruptcy?

Bankruptcy complicates wrongful death claims but doesn’t necessarily eliminate them. Much depends on timing and whether insurance coverage exists. Insurance policies are often treated separately from the defendant’s personal bankruptcy estate. If you have a claim against an insured defendant who files bankruptcy, you may still recover from their insurance.

We’ve navigated complex situations involving bankrupt defendants and can advise you on options.

Serving All of Texas: Houston, Austin, Beaumont, and Beyond

Attorney911 represents wrongful death families throughout Texas from our offices in Houston, Austin, and Beaumont. Our statewide reach means wherever your tragedy occurred, we can help.

Houston Metropolitan Area

Our Houston office serves Harris County and the greater Houston metropolitan area, including:

• Harris County—Houston, Katy, Sugar Land, The Woodlands, Pearland, Pasadena, Baytown, Cypress, Spring, Humble, Bellaire, Missouri City, Jersey Village, Stafford
• Fort Bend County—Sugar Land, Missouri City, Richmond, Rosenberg, Fulshear, Katy (part)
• Montgomery County—The Woodlands, Conroe, Spring (part), Willis, Magnolia
• Galveston County—Galveston, League City, Texas City, Friendswood, Dickinson, La Marque, Santa Fe
• Brazoria County—Pearland (part), Lake Jackson, Angleton, Alvin, Freeport, Manvel

Houston-specific wrongful death expertise:

• Ship Channel industrial accidents—refineries, chemical plants, petrochemical facilities along the Houston Ship Channel employ hundreds of thousands of workers in dangerous conditions. Ralph Manginello’s firm was involved in BP explosion litigation, demonstrating capability against multinational corporations.
• Port of Houston maritime—the largest port in the U.S. by foreign waterborne tonnage creates maritime wrongful death claims under Jones Act and general maritime law. Ralph’s federal court admission is critical for these cases.
• I-10, I-45, Beltway 8 fatalities—Houston’s highway system sees constant traffic fatalities, particularly involving commercial trucks
• Construction accidents—Houston’s continuous building boom creates construction fatalities in both commercial and residential projects
• Medical center deaths—the Texas Medical Center is the largest in the world; when medical malpractice causes death, we help families navigate the complex claims process

Harris County experienced 579 motor vehicle deaths in 2024 alone—more than any other Texas county. Our Houston wrongful death attorneys know the local courts, the defense firms, and the insurance adjusters who handle these cases.

Austin Metropolitan Area

Our Austin office serves Travis County and Central Texas, including:

• Travis County—Austin, Pflugerville, Round Rock (part), Lago Vista, Lakeway, West Lake Hills, Bee Cave, Manor
• Williamson County—Round Rock, Georgetown, Cedar Park, Leander, Liberty Hill, Taylor, Hutto
• Hays County—San Marcos, Kyle, Buda, Wimberley, Dripping Springs
• Bastrop County—Bastrop, Elgin, Smithville

Austin-specific wrongful death expertise:

• Pedestrian and bicycle accidents—Austin’s urban density and cycling culture create pedestrian and bicycle fatalities at higher rates than state averages. We pursue these cases aggressively.
• Tech industry commuter accidents—Austin’s tech workforce creates heavy commuter traffic, particularly on I-35 and MoPac, contributing to fatal crashes
• Construction site deaths—Austin’s explosive growth means constant construction throughout the metro area, creating workplace fatality risks
• University area accidents—the University of Texas campus and surrounding areas see pedestrian, bicycle, and vehicle fatalities involving students and visitors
• Entertainment district incidents—6th Street and other entertainment areas see drunk driving fatalities and pedestrian accidents, often with dram shop liability potential

Travis County recorded 84 traffic deaths in 2024. Our Austin wrongful death attorneys understand the local court system and the unique factors that contribute to Central Texas fatalities.

Beaumont and the Golden Triangle

Our Beaumont office serves Jefferson County and Southeast Texas, including:

• Jefferson County—Beaumont, Port Arthur, Nederland, Groves, Port Neches
• Orange County—Orange, Vidor, Bridge City, West Orange
• Hardin County—Silsbee, Lumberton, Kountze, Sour Lake

Beaumont/Golden Triangle wrongful death expertise:

• Petrochemical and refinery accidents—the Golden Triangle is dominated by refineries and chemical plants. Our BP explosion litigation experience proves we can take on the largest industrial defendants.
• Port of Beaumont maritime—the Port of Beaumont handles significant cargo, creating maritime wrongful death claims for dock workers and seamen
• Industrial workplace fatalities—beyond refineries, manufacturing and industrial facilities throughout the region create workplace death risks
• Highway 69, I-10 trucking accidents—industrial traffic through the Golden Triangle includes heavy truck traffic with corresponding fatality risks
• Rural road accidents—Hardin and Orange counties include rural areas where high-speed accidents on two-lane roads cause fatalities

The Golden Triangle’s industrial economy creates unique wrongful death risks that require attorneys who understand OSHA regulations, process safety management, and industrial accident investigation. Ralph Manginello’s federal court experience and industrial litigation background make Attorney911 particularly well-suited for Southeast Texas wrongful death cases.

Statewide Texas Representation

Beyond our three office locations, Attorney911 represents wrongful death families throughout Texas. If your loved one was killed anywhere in the state, we can help. We travel to meet with families, handle cases in any Texas county, and coordinate with local counsel when beneficial.

Whether the tragedy occurred in Dallas, San Antonio, El Paso, the Rio Grande Valley, West Texas, the Panhandle, or anywhere else, call Attorney911 at 1-888-ATTY-911.

Take the First Step: Contact Attorney911 Today

We understand you’re not ready to think about lawsuits and legal strategies. You’re grieving. You’re trying to hold your family together. You’re dealing with funeral arrangements, well-meaning relatives, and the crushing reality that your loved one is gone forever.

But evidence disappears every day. Witnesses forget details. Surveillance footage is deleted. The 2-year statute of limitations is running. The insurance company is already preparing its defense, counting on your grief and confusion to accept inadequate compensation.

Calling an attorney doesn’t mean you’re money-hungry or dishonoring your loved one’s memory. It means you believe in accountability. It means you want justice. It means you want to ensure your loved one’s death wasn’t in vain—that the person or company responsible is held accountable so other families might be spared similar tragedies. And yes, it means ensuring your family has the financial security your loved one would have wanted you to have.

What Happens When You Call Attorney911

Free, confidential consultation: We meet with you (in person, by phone, or by video) to discuss what happened, answer your questions, and explain your legal options. There’s no pressure and no obligation. We give you information to make informed decisions.

Immediate evidence preservation: If you hire us, we immediately send evidence preservation letters to all potential defendants and begin our investigation before evidence disappears.

We handle everything: You don’t have to deal with insurance companies, accident investigations, or legal procedures. We handle all of that while you focus on healing and supporting your family.

No fees unless we win: We work on contingency—you pay no attorney fees unless we recover compensation for your family. We front all case costs including experts, court fees, and investigation expenses. You risk nothing by hiring us.

Compassionate, responsive service: We keep you informed every step of the way. You have direct access to your attorney. We return calls promptly. We treat you like family.

Your Loved One Deserved Better

Your loved one deserved better. They deserved a driver who looked before turning. They deserved an employer who valued safety over profit. They deserved a doctor who followed the standard of care. They deserved a company that didn’t cut corners. They deserved to come home that day.

They didn’t get justice. But you can get accountability. You can make sure the person or company responsible answers for taking your loved one’s life. You can make sure other families might be spared similar tragedies. You can ensure your family has the financial security your loved one would have wanted you to have.

At Attorney911, we’ve helped numerous families facing wrongful death cases throughout Houston, Austin, Beaumont, and across Texas. We’ve recovered millions of dollars in compensation. But more importantly, we’ve helped families find accountability, closure, and justice.

We know no amount of money brings back your loved one. But accountability matters. Justice matters. Your family’s financial security matters. Let us fight for you.

Contact Attorney911 Today

• Call 24/7: 1-888-ATTY-911
• Phone: (713) 528-9070
• Email: ralph@atty911.com
• Online: https://attorney911.com/contact/

Houston Office:
Attorney911 – The Manginello Law Firm
1177 W Loop S Suite 1600
Houston, TX 77027
Serving Harris, Fort Bend, Montgomery, Galveston, Brazoria counties

Austin Office:
Serving Travis County, Williamson County, Hays County, Bastrop County, and all of Central Texas

Beaumont Office:
Serving Jefferson County, Orange County, Hardin County, and the Golden Triangle

Our Attorneys

Ralph Manginello, Managing Partner
Texas Bar since 1998 (25+ years)
Admitted to U.S. District Court for the Southern District of Texas
Involved in BP explosion litigation (March 23, 2005 BP Texas City Refinery explosion)
Federal court experience | Complex wrongful death cases | Billions in corporate liability experience
Learn more: https://attorney911.com/attorneys/

Lupe Peña, Associate Attorney
Texas Bar since 2012
Former insurance defense attorney at national defense firm
Insider knowledge of insurance company tactics and valuation methods
Fluent Spanish—hablamos español
3rd generation Texan with King Ranch family heritage

Free consultation. No fees unless we win. Available 24/7.

Serving all of Texas from our Houston, Austin, and Beaumont offices.

If you’ve lost a loved one due to someone else’s negligence anywhere in Texas, we can help. Car accidents (https://attorney911.com/law-practice-areas/car-accidents/), truck accidents (https://attorney911.com/law-practice-areas/18-wheeler-accidents/), motorcycle accidents (https://attorney911.com/law-practice-areas/motorcycle-accidents/), drunk driving deaths (https://attorney911.com/law-practice-areas/drunk-driving-accident-lawyer/), workplace deaths, medical malpractice, defective products, nursing home neglect—we handle all types of wrongful death cases with the compassion your family deserves and the aggressive advocacy your case demands.

Call 1-888-ATTY-911 now. Let us fight for your family.

Hablamos Español. Free consultation. No fees unless we win.

Your loved one mattered. Justice matters. Call Attorney911.