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Best wrongful death lawyer in Houston? How to choose one

For families in Houston, how to check a wrongful death lawyer yourself using official Texas sources, plus who Texas law lets bring the action, contingent-fee rules, questions to ask and solicitation red flags.

7 min readPublished October 22, 2026Last updated October 22, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

InjuryClaimGuide does not rank or rate lawyers, and this guide does not name any. If your family is looking for a wrongful death lawyer in Houston, you can check any lawyer yourself: look up the lawyer's Texas license and public disciplinary history with the State Bar of Texas, read the written fee agreement, and ask how the lawyer works with a family, including who would bring the action. This is general informational guidance, not legal advice, and it does not apply the law to your family's situation.

We are sorry for your loss. Nothing here needs to be read all at once.

Key facts (as of October 22, 2026)

  • License and discipline. The State Bar of Texas Find A Lawyer directory shows whether a lawyer is eligible to practice in Texas and includes a public disciplinary history section.
  • Who the action is for. A Texas wrongful death action is for the exclusive benefit of the surviving spouse, children and parents of the person who died, and one or more of them may bring it for the benefit of all (Tex. Civ. Prac. & Rem. Code §71.004).
  • Survival actions. A personal injury cause of action does not end because the injured person dies; it survives to the person's heirs, legal representatives and estate (§71.021).
  • Time limit. Texas generally requires a suit for an injury resulting in death to be brought not later than two years after the day the cause of action accrues, which is the date of death (§16.003(b)). Exceptions exist, and this guide does not apply them to any family.
  • Contingent fees in writing. A contingent fee contract for legal services must be in writing and signed by the attorney and the client (Tex. Gov't Code §82.065(a)).
  • Early contact. Texas law generally makes it an offense for a lawyer to send an unrequested written communication or solicitation about a wrongful death matter to a person or a relative before the 31st day after the accident or disaster (Tex. Penal Code §38.12(d)(2)(A)).

How do I check a Houston wrongful death lawyer's license?

The State Bar of Texas publishes a public Find A Lawyer directory. A lawyer's profile shows:

  • whether the lawyer is eligible to practice in Texas;
  • the bar card number and the date the lawyer was licensed in Texas;
  • listed practice areas, fee options and any foreign language assistance;
  • a "Public disciplinary history" section.

Look up the individual lawyer who will work on the matter, not only the firm name. If someone tells you they are a lawyer and you cannot find them, ask for their bar card number. Texas Penal Code §38.122 makes it a crime to hold oneself out as a lawyer, for economic benefit, without a current license in good standing.

The State Bar's Grievance and Ethics Information page points the public to Find A Lawyer to view a lawyer's disciplinary history. If the profile lists anything, you can ask the lawyer about it directly and decide for yourselves how much it matters.

What should a contingent fee agreement say in Texas?

A contingent fee is a fee that depends on the outcome of the matter. Texas Disciplinary Rule 1.04(d) allows one except in matters where a rule or other law prohibits it, and Texas law sets some ground rules for the agreement:

  • In writing and signed. The contract must be in writing and signed by the attorney and the client (Tex. Gov't Code §82.065(a)).
  • How the fee is figured. The agreement must state the method by which the fee is determined. If the percentage differs depending on whether the matter is resolved without a trial, at trial or on appeal, the agreement must state each percentage (Rule 1.04(d), Texas Disciplinary Rules of Professional Conduct).
  • Expenses. The agreement must state the litigation and other expenses to be deducted from any recovery, and whether they are deducted before or after the fee is calculated (Rule 1.04(d)).
  • At the end. When a contingent fee matter concludes, the lawyer must give the client a written statement describing the outcome and, if there is a recovery, showing the remittance to the client and how it was determined (Rule 1.04(d)).

You can ask to take the agreement home and read it before anyone signs. For a plain-language overview, see What Is a Contingency Fee.

What questions can a family ask a wrongful death lawyer?

There is no single right answer to any of these; the answers are for your family to weigh.

  • Who brings the action. Texas law lets the surviving spouse, children and parents bring a wrongful death action, and lets one or more of them bring it for all of them (§71.004). Who in our family would bring the action, and on whose behalf?
  • The estate. Would there also be a survival action for the estate (§71.021), and would an executor, an administrator or a probate court be involved?
  • The agreement. Who signs the fee agreement? Does each family member need to sign it, and does each receive a copy?
  • Keeping the family informed. How will you keep each family member informed, and who is the main contact at the firm?
  • Experience. Have you handled wrongful death matters in Houston or Harris County, and matters arising from the kind of event involved (for example a crash or a workplace incident)?
  • Language. Do you or your staff speak Spanish? (The State Bar profile has a "Foreign Language Assistance" field, and you can also ask directly.)
  • Fees and expenses. How is your fee calculated, and which expenses would be deducted from any recovery?

If the death happened at work, How to choose a workplace injury lawyer in Houston explains the Texas workers' compensation and non-subscriber rules that can matter.

What are the red flags for barratry after a death?

Texas law prohibits barratry, the improper solicitation of legal clients. The State Bar's Solicitation and Barratry page explains that, with limited exceptions, a lawyer may not solicit clients in person or by phone, and may not have someone else, including a non-lawyer, solicit clients that way for them. A person who does that soliciting is sometimes called a "runner".

Signs to watch for, with the rule behind each:

  • An approach your family did not ask for. Someone you did not contact approaches you in person, by phone or through a social media direct message to sign you up with a lawyer (Tex. Penal Code §38.12(a)(2); Disciplinary Rule 7.03(b)).
  • An offer of money or a gift. Anyone offers you, or a family member, money, a gift or another benefit to hire a lawyer (Penal Code §38.12(a)(3), (a)(5)).
  • Contact too soon after the death. Texas law generally makes it an offense for a lawyer, and certain other licensed professionals, to send someone who has not asked for their services a written communication or solicitation about a personal injury or wrongful death matter, or an accident or disaster involving that person or a relative, before the 31st day after the accident or disaster (Penal Code §38.12(d)(2)(A)).
  • Contact after you said no. The same subsection also covers a communication from one of those professionals who knows or reasonably should know that the injured person or a relative has said they do not want to be contacted. That wish is presumed if an accident report shows it (Penal Code §38.12(d)(2)(D), (e)).
  • No "ADVERTISEMENT" label. A lawyer's written solicitation to a prospective client generally must be plainly marked or clearly designated "ADVERTISEMENT" (Disciplinary Rule 7.03(d)(2)).
  • Pressure. Communications involving coercion, duress, intimidation or undue influence are prohibited (Disciplinary Rule 7.03(c); Penal Code §38.12(d)(2)(E)).

Texas law also protects people who sign up because of barratry. A contract for legal services obtained through conduct that violates Penal Code §38.12(a) or (b), or Disciplinary Rule 7.03, is voidable by the client (Tex. Gov't Code §82.065(b)), and §82.0651 lets the client bring a civil action to void it.

If you think a lawyer, or someone acting for a lawyer, solicited your family improperly, write down who contacted you, when and how. The State Bar's Grievance and Ethics Information page explains how to file a grievance, including online.

Where can I read more about wrongful death in Houston?

About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

Participating law firms pay InjuryClaimGuide to receive leads. InjuryClaimGuide is not a lawyer referral service and is not affiliated with any state bar.

If you choose to submit an intake, InjuryClaimGuide forwards it to participating personal injury firms in your area and case type. Whichever lawyer you consider, through InjuryClaimGuide or on your own, you can use the same checks and questions in this guide. The choice of lawyer is yours. How Lawyer Matching Services Work explains more about services like this one.

Frequently asked questions

How can I check whether a Houston wrongful death lawyer is licensed in Texas?
Search the lawyer's name in the State Bar of Texas Find A Lawyer directory at texasbar.com. A lawyer's profile shows whether the lawyer is eligible to practice in Texas, the Texas license date, and a public disciplinary history section.
Who can bring a wrongful death action in Texas?
Texas Civil Practice and Remedies Code §71.004 says a wrongful death action is for the exclusive benefit of the surviving spouse, children and parents of the person who died, and that one or more of them may bring it for the benefit of all. If none of them has begun the action within three calendar months after the death, the executor or administrator brings it unless all of them ask that it not be brought.
Is it legal for a lawyer to contact my family soon after a death?
Texas Penal Code §38.12(d)(2)(A) generally makes it an offense for a lawyer to send a written communication or solicitation about a wrongful death matter to a person, or a relative of that person, who has not sought the lawyer's services, before the 31st day after the accident or disaster. In-person, telephone and social media direct message solicitation is also generally prohibited.
Does InjuryClaimGuide choose or rate the lawyer for me?
No. InjuryClaimGuide is a legal advertising service, not a law firm and not a lawyer referral service. The choice of lawyer is yours, and you can use the checks in this guide for any lawyer you consider.

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