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Where Legal Experience Meets Personal Commitment

Attorney Richard J. Presutti

Helping Families With Wrongful Death Claims

Last updated on June 30, 2026

It’s the phone call that every person is frightened of receiving, telling you of fatal injuries suffered by a loved one in an accident.

If you have received such a call, and the emotional devastation of wrongful death has entered your life, our law firm is ready to put our experience on your side.

For more than two decades of practice in greater Houston, the Law Office of Richard J. Presutti, P.C., assists clients with every dimension of a wrongful death tragedy: recovering financial compensation for the loss of future earnings, the loss of companionship and consortium, any medical expenses, as well as funeral expenses.

Richard J. Presutti works diligently behind the scenes to obtain a financial settlement that helps you move on, all the while remaining sensitive to your fragile mindset at a trying time. He investigates your relative’s fatal accident, pinpoints the negligent party and brings facts to persuasive negotiations with insurers. If discussions are unproductive, and if a trial is necessary, Mr. Presutti builds a case that resonates in the courtroom.

The firm offers aggressive representation of clients’ rights and interests when fatalities arise from:

The loss of a loved one to an accident caused by negligence warrants passionate advocacy by your personal injury attorney. Richard J. Presutti provides this attention every day, from the start to the finish of your case. He insists on addressing every question and concern in a timely manner. His leadership is meant to be a source of strength and confidence for every wrongful death client.

Understanding Wrongful Death Claims In Texas

Under Texas law, a wrongful death occurs when a person dies due to another party’s wrongful act, neglect, carelessness or unskillfulness. These claims are civil cases, which means they are separate from any criminal charges that may arise from the same incident. Even if no criminal case is filed, a wrongful death claim may still proceed.

The law is specific about who can file. Generally, the surviving spouse has the first right, followed by the deceased’s children. If there is no spouse or children, the parents may file a wrongful death lawsuit. Only one lawsuit can be brought, so eligible family members are usually included together.

There are a few key points families should understand:

  • The statute of limitations is two years from the date of death.
  • Wrongful death claims are separate from criminal proceedings.
  • Compensation is meant to support surviving family members.
  • Negligence must be proven; not all accidents qualify.
  • Filing a claim does not mean assigning blame without evidence.

Working with an attorney can help families understand their rights, avoid common pitfalls and navigate the legal process with clarity during an already difficult time.

Common Causes Of Wrongful Death In Houston

Wrongful deaths arise from preventable incidents. In Houston, certain factors such as heavy traffic, large industrial zones and active construction sites contribute to a higher risk of serious accidents. Some of the most common causes include:

Houston’s busy highways and dense traffic patterns increase the likelihood of serious collisions. At the same time, the city’s strong energy sector means more workers are exposed to hazardous environments, including refineries and oil fields. These conditions can lead to devastating accidents when safety measures are not followed.

Each of these situations involves complex investigations to determine what went wrong and who is responsible. It is not always immediately clear whether negligence played a role, which is why these cases require careful review.

An attorney can help uncover the facts, gather evidence and identify responsible parties, making sure that families are not left to face these questions alone.

Damages Available In Texas Wrongful Death Cases

After a loss, families can face not only emotional pain but also unexpected financial strain. Texas law allows surviving family members to seek compensation for financial and personal losses. These damages are meant to reflect the impact the loss has had on their lives.

The main categories include:

  • Economic damages such as lost financial support, medical expenses, funeral costs and loss of expected inheritance
  • Noneconomic damages, including loss of companionship, emotional suffering, loss of guidance and household contributions
  • Punitive damages in cases involving gross negligence or intentional misconduct

Punitive damages are less common but may apply in cases where the responsible party acted with extreme recklessness. These damages are intended to hold the wrongdoer accountable and discourage similar behavior in the future.

The calculation and distribution of damages can be complex. They must consider each family member’s relationship to the deceased and the extent of their loss. An attorney helps ensure that all relevant damages are properly evaluated and pursued, helping families receive fair consideration under the law.

Why Choose Our Firm For Wrongful Death Cases?

Choosing the right legal support after a loss is a deeply personal decision. Families look for someone who not only understands the law but also approaches their situation with care and respect.

The Law Office of Richard J. Presutti, P.C., brings decades of experience handling wrongful death cases across Texas. With more than 20 years of practice and over 100 trials, our team is prepared to handle even the most complex cases with confidence and diligence. Clients benefit from several important strengths:

  • Extensive courtroom experience and trial-ready preparation
  • Insight from a former insurance adjuster, offering a deeper understanding of how claims are evaluated
  • Personalized attention that treats each family with compassion and respect
  • A commitment to thorough case preparation from the very beginning
  • Bilingual support to ensure clear communication
  • No upfront costs, so families can focus on healing without added financial pressure

This approach is grounded in the understanding that every case represents a real loss, not just a legal matter. Families are guided through each step with patience and transparency.

Facing legal decisions during a time of grief can feel overwhelming, but having the right support can make a meaningful difference.

Our founding attorney, Richard J. Presutti, helps ensure that families are not navigating this process alone and that their loved one’s story is heard with dignity. If you need help with a wrongful death claim, you can contact us.

Frequently Asked Questions About Wrongful Death In Texas

The answers below provide clarity in a simple and supportive way.

How long do I have to file a wrongful death claim in Texas?

Texas law requires wrongful death claims to be filed within two years of the date of death. This deadline is known as the statute of limitations, and missing it can permanently prevent a family from seeking compensation.

While two years may seem like enough time, important evidence can fade quickly, and delays may weaken a case. Speaking with an attorney early allows families to understand their options without pressure to act immediately.

Who can file a wrongful death lawsuit in Texas?

Texas law sets a clear order for who may file. The surviving spouse has the first right to bring a claim. If there is no spouse, the deceased’s children may file. If neither a spouse nor children are present, the parents may pursue the case.

Only one wrongful death lawsuit can be filed, which means all eligible family members are typically included together in a single action. This structure is designed to prevent multiple lawsuits and help ensure fair distribution of any compensation. An attorney can help coordinate this process and ensure all voices are represented.

What if my loved one was partially at fault for the accident?

Texas follows a rule called modified comparative negligence. This means a family may still recover compensation as long as their loved one was less than 51% responsible for the incident. However, any compensation awarded would be reduced based on their percentage of fault.

For example, if the deceased was found to be 20% at fault, the recovery would be reduced by that amount. These determinations can be complex and often involve detailed investigations.

Contact An Experienced Texas Lawyer Who Cares – Free Initial Consultations

Reach out to us today by phone at 888-612-0353 or by email message. Our work is delivered strictly on a “no recovery, no fee” contingency basis. Se habla español.

Losing a loved one is an unimaginable tragedy. Losing someone due to the possible negligence of another can make the pain even harder. Our attorneys understand this, and will represent you with compassion and legal expertise to get you the best possible outcome.