When a family loses someone due to another party's negligence, the legal process that follows is unlike most civil claims. Texas wrongful death cases involve specific statutes, defined categories of eligible claimants, and a range of damages that courts and insurers evaluate differently than standard injury claims. Knowing how attorney credentials work — and where to look — is a reasonable starting point for families trying to understand their options.
Texas is one of a limited number of states with a formal attorney board certification system administered by the Texas Board of Legal Specialization (TBLS). This is a state-recognized credential, not a marketing label.
To earn board certification in Personal Injury Trial Law — the designation most relevant to wrongful death cases — an attorney must:
Board certification is voluntary. Many skilled wrongful death attorneys in Texas are not board-certified, and certification alone does not predict case outcomes. However, it does signal that an attorney has met a verified, third-party standard in trial litigation — which matters in wrongful death cases that are more likely to go to trial than routine injury claims.
The most direct place to verify board certification is the Texas Board of Legal Specialization's public directory, available at tbls.org. You can search by specialty and location. The relevant certification category for most wrongful death cases is Personal Injury Trial Law, though some cases involving workplace deaths or specific industries may involve attorneys certified in other areas such as Workers' Compensation Law.
Other search resources include:
| Resource | What It Offers |
|---|---|
| State Bar of Texas (texasbar.com) | Attorney directory with certification status, disciplinary history |
| TBLS Specialist Directory | Verified board-certified attorneys only, searchable by county |
| Martindale-Hubbell / Avvo | Peer ratings and client reviews (not state-verified credentials) |
| Local bar association referral services | Referrals, sometimes filtered by practice area |
⚖️ The State Bar of Texas directory is a reliable way to confirm that an attorney is currently licensed and in good standing — separate from whether they hold board certification.
Texas wrongful death claims are governed by the Texas Wrongful Death Act (Chapter 71 of the Texas Civil Practice and Remedies Code). The law limits who may bring a claim to:
Siblings, extended family members, and others generally do not have standing to file under Texas law. This is a meaningful distinction from some other states that allow broader categories of claimants.
Texas also allows a separate survival action, which the estate of the deceased may bring to recover damages the decedent would have been entitled to before death — such as pre-death pain and suffering or medical expenses.
The statute of limitations for wrongful death claims in Texas is generally two years from the date of death, though specific circumstances — including cases involving government entities, minors, or disputed discovery of cause — can alter that timeline significantly. The applicable deadline in any individual case depends on facts that require legal analysis.
Wrongful death claims arising from motor vehicle accidents follow a legal framework that overlaps with — but is distinct from — standard personal injury claims. Key elements typically include:
Establishing liability. The plaintiff must demonstrate that the defendant's negligence caused the accident and that the death resulted from injuries sustained in that accident. Texas follows a modified comparative fault rule: if the deceased is found more than 50% responsible for the accident, recovery may be barred entirely. Fault percentages below that threshold can reduce the damages awarded proportionally.
Categories of recoverable damages. Texas wrongful death claims may seek:
Texas does not cap most wrongful death damages arising from auto accidents, though punitive damages (called exemplary damages in Texas) are subject to statutory limits.
Insurance coverage. Depending on the at-fault driver's policy, the deceased's own uninsured/underinsured motorist (UM/UIM) coverage, and whether commercial vehicles or employers are involved, the sources of potential recovery vary considerably. Multi-vehicle accidents, trucking cases, or crashes involving government vehicles introduce additional layers of liability analysis.
Wrongful death cases are high-stakes, factually complex, and often contested. Defendants and their insurers typically retain experienced defense counsel immediately. Cases frequently involve accident reconstruction experts, medical causation testimony, and economic experts who calculate lifetime earnings loss.
The attorney a family selects will shape how evidence is gathered, how liability is argued, and whether the case settles or proceeds to trial. Board certification is one data point — experience with similar cases, trial history, and familiarity with Texas-specific wrongful death law are others.
Most Texas wrongful death attorneys handle these cases on a contingency fee basis, meaning fees are collected as a percentage of the recovery rather than billed hourly. Fee percentages and cost structures vary by firm and case complexity.
The strength of a wrongful death claim in Texas — and who is best positioned to handle it — depends on factors no directory can assess: how the accident occurred, who bears liability and in what proportions, what insurance coverage exists on all sides, the financial and non-economic losses the family has sustained, and whether the case is likely to resolve through negotiation or require trial. Those specifics are what separate a useful general understanding of this process from the analysis any individual family actually needs.
