Compassionate, Trial-Ready Advocacy for Texas Families
At Brooker Law, we believe that seeking justice and accountability for a loved one’s loss can provide purpose and closure for our clients. Our team will stand beside you each step of the way as we pursue justice for your family. With over 50 years of combined experience and over $500M in verdicts and settlements, our trial lawyers are uniquely equipped to tell your loved one’s story and handle the complexities of your wrongful death and survival claims.
Losing a loved one is a deeply painful experience, and no one can fully understand the extent of your grief. Our hearts sincerely go out to you and your family during this difficult time. No matter how challenging things are now, you can FIND HELP HERE.
A wrongful death claim in Texas seeks accountability and compensation when a person dies because of another’s wrongful act, neglect, or carelessness. Spouses, children, and parents may bring the claim; the estate may also bring a related survival claim for the loved one’s injuries before death. Most claims must be filed within two years of death, though exceptions can extend that deadline. If you’re unsure what to do next, we can preserve evidence now and guide you through every step.
Our team has 50+ years of combined trial experience and $500M+ in verdicts and settlements. We drive value by preparing every case for a jury from day one.
There is no greater power in a courtroom than a well-told story. We learn who you are—and tell your story with precision, empathy, and proof.
We take a limited number of cases that matter. Every family gets personal attention, frequent updates, and a relentless push for justice.
Under Texas Civil Practice & Remedies Code § 71.002, a wrongful death occurs when a death is caused by a “wrongful act, neglect, carelessness, unskillfulness, or default.” In plain terms, it’s a death caused by someone else’s negligent or wrongful conduct—by a person or a company.
Common causes include tractor-trailer, 18-wheeler, and semi-truck accidents; company-vehicle accidents; car or motorcycle collisions; pedestrian or bicycle crashes; oilfield and industrial incidents; construction and on-the-job accidents; explosions; medical malpractice; and dangerous or defective products.
Texas allows only certain people to file a wrongful death claim:
If these beneficiaries do not file within three months of death, the personal representative of the decedent’s estate can file unless asked not to. Siblings, stepchildren, and stepparents are not wrongful-death beneficiaries under Texas law.
Brooker Law routinely helps open the estate, coordinates with probate counsel, and obtains letters testamentary for the personal representative so the survival claim can proceed alongside the wrongful death claims.
Texas uses modified comparative fault. If the jury finds you to be 51 percent or more at fault, you cannot recover. If the jury finds you to be 50 percent or less at fault, your recovery is reduced by your percentage of fault (e.g., a $1,000,000 verdict with 25 percent responsibility nets you $750,000).
The general statute of limitations for wrongful death and survival claims in Texas is two years from the date of the fatal injury. Important exceptions may apply (minor children, delayed discovery, incapacity, fraud, and others). Early action also protects evidence that can disappear—vehicle “black box” data, surveillance videos, scene evidence, and records.
These are our first steps in the hours, days, and weeks after you hire Brooker Law
To the motor carrier, insurer, and vendors to lock down ECM/EDR, ELD/HOS, telematics/dashcam, dispatch/route, driver qualification/training, maintenance, inspections, and load/shipper documents.
Download data; secure nearby video (businesses, homes, traffic cameras).
Build a medical and damages timeline with records and key witnesses.
Reconstruction, human factors, medical, life-care, economics, and visual storytelling.
Align wrongful death and survival strategy with probate counsel.
The most important questions to ask before hiring a trial lawyer.
Who decides how money is divided among family members?
The jury (or settlement agreement) may allocate damages among beneficiaries based on the evidence of each person’s loss. Otherwise, family members who are jointly represented by Brooker Law will need to agree among themselves how to divide any funds recovered.
Do we need a criminal case first?
No. A civil wrongful death case can proceed even if there are no criminal charges or if a criminal case is pending.
How much will this cost us now?
We handle cases on a contingency fee. There is no fee unless we win. We typically advance case costs and recover them from the gross recovery at resolution.
How long will a case take?
Timelines vary with liability disputes, medical issues, venue, and the court’s schedule. We set a realistic plan early and keep you informed.
Can you take over close to trial?
Yes. We are often asked to step in before mediation or trial and can associate with referring counsel nationwide.
Early action protects your story and your case:
Defendants always retain lawyers before plaintiffs do. Hiring us early allows us to preserve critically important evidence, such as crash/incident reports, scene photos, surveillance videos, vehicle “black box” data, and electronic communications, such as text messages.
Once we are engaged, our in-house legal nurse consultant can start building a timeline of medical care, reviewing treating physician notes and diagnostics, and evaluating referrals made by your treating physicians.
The right expert can make good cases great cases. It is essential to select and hire experts early in areas such as accident reconstruction, human factors, neurology, orthopedics, burn/plastic surgery, life-care planning, and economics.
Having to find an attorney can be an intimidating experience, but Brooker Law made it easy. They walk you through the process, keep you informed while keeping expectations grounded. They surpassed all expectations. They handled everything with integrity and clear communication. Not only did they earn my trust, but my utmost respect. This is a firm that will fight for you throughout the process and do so at the highest level of professionalism.
Adam Cheek
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Mr. Brooker and his associates worked tirelessly to make sure that my case received the justice that I deserved. They approached every issue with the highest professionalism and ethics while making sure my questions were answered honestly and completely. If given the opportunity to do it all again, Brooker Law PLLC would be my first phone call as I could not have asked for a better team to represent me.
Robert Brooks
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Chip worked hard for my family. Everyone at his office is professional and courteous. I received closure in my case that has helped with healing and recovery. Chip is amazing at what he does because he loves what he does.
Lindsay Clark
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Our results speak for themselves.
Let us speak for you.
Wrongful death resulting from a company-vehicle accident
Wrongful death resulting from negligence and products liability
Company-vehicle accident involving a severe traumatic brain injury
