Grieving family receives guidance from experienced wrongful death attorneys in Tarrant County.
Securing experienced legal support after a loved one’s wrongful death in Tarrant County demands both compassion and expertise.
In this guide, you will learn who is eligible to file a claim, the critical two‐year deadline under Texas law, the full range of economic and non-economic compensation, how to prove negligence, the distinction between wrongful death and survival actions, a step-by-step overview of the claims process, and why Howard Lotspeich Alexander & Williams, PLLC‘s approach in Fort Worth delivers trusted advocacy. By the end, you will understand both your legal rights under Chapter 71 of the Texas Civil Practice and Remedies Code and how compassionate representation on a contingency-fee basis can help grieving families move forward.
Who Can File a Wrongful Death Claim in Texas?
Only specific close relatives and estate representatives may pursue compensation when negligence or wrongful acts cause a fatality. Eligible parties include the surviving spouse, all children (biological or legally adopted), and parents of the deceased. If none of these immediate family members files within three months of appointment, an appointed executor or administrator of the deceased’s estate may step in, provided no eligible family member objects.
Eligible parties share a direct relationship to the decedent and a legal interest in pursuing damages. Establishing this relationship often requires certified birth, marriage, or adoption records. In rare situations, such as when no spouse, child, or parent survives, the estate representative’s authority becomes paramount, ensuring that the claim proceeds on behalf of all potential beneficiaries.
- Surviving spouse of the deceased
- All children, including legally adopted offspring
- Biological or adoptive parents
These defined roles guarantee that those most affected can seek justice and financial recovery, laying the groundwork for pursuing compensation in subsequent stages.
What Is the Statute of Limitations for Wrongful Death Claims in Texas?
In Texas, wrongful death lawsuits must generally be filed within two years of the date of death. This deadline arises directly from Chapter 16 of the Texas Civil Practice and Remedies Code and applies to all wrongful death claims unless a specific exception intervenes. Missing this two-year cutoff typically bars any legal action, making early consultation with an attorney essential.
Three principal exceptions extend or modify the filing period. First, a minor beneficiary under age 18 may file within two years of turning 18. Second, if the claimant is incapacitated by unsound mind, the two‐year clock does not start until the disability is removed. Third, in “delayed discovery” cases—where the negligent act was not immediately known—the statute may begin on the date the injury was discovered or reasonably should have been discovered.
These extensions guard against unfair dismissal of claims when strict deadlines clash with real-world impediments, ensuring wrongful death actions remain viable under equitable circumstances.
Texas Civil Practice & Remedies Code Chapter 71 for Wrongful Death
Claims brought under Chapter 71 of the Texas Civil Practice and Remedies Code are often complex and require careful consideration of the specific facts and circumstances of each case.
What Types of Damages Can You Recover in a Texas Wrongful Death Lawsuit?
A Texas wrongful death claim can recover three primary categories of damages: economic, non-economic, and exemplary (punitive). Economic damages compensate measurable financial losses, non-economic damages address emotional harm, and exemplary damages punish particularly reckless or malicious conduct.
Economic damages encompass tangible losses resulting directly from the death. Non-economic damages recognize intangible suffering. Exemplary damages may be awarded when evidence shows gross negligence or willful misconduct. Recovering the full spectrum of compensatory relief requires careful documentation of expenses and emotional impacts, with exemplary awards reserved for truly egregious cases.
Although Texas imposes no general cap on compensatory damages, special limits apply when suing government entities or in certain medical-malpractice scenarios. Understanding each damage type helps grieving families obtain full and fair compensation.
How Do You Prove Negligence in a Tarrant County Wrongful Death Case?
Proving negligence in a wrongful death action requires establishing four elements: duty, breach, causation, and damages. Duty refers to a legal obligation the wrongdoer owed the deceased. Breach demonstrates how the duty was violated. Causation connects the breach directly to the death, and damages quantify the resulting losses.
Compelling evidence often includes official accident or death reports, eyewitness statements, medical records, and expert testimony—such as reconstruction specialists or medical examiners. Documentation of the decedent’s lost earning capacity and family testimony regarding emotional suffering further solidifies the claim. Clear demonstration of each element under Texas law increases the likelihood of a favorable settlement or verdict.
- Official incident or police reports establishing fault.
- Witness affidavits detailing reckless or negligent acts.
- Expert opinions quantifying causation and damages.
- Financial records proving income loss and expenses.
Meticulous preparation of legal filings and evidence collection ensures each negligence element is fully supported, creating a persuasive narrative for compensation.
What Is the Difference Between Wrongful Death and Survival Action in Texas?
Wrongful death and survival actions serve related but distinct purposes under Texas law. A wrongful death claim compensates surviving family members for losses caused by the decedent’s passing. By contrast, a survival action allows the decedent’s estate to recover damages the deceased endured from injury until death.
Wrongful death awards flow to the spouse, children, or parents and address economic and emotional harms to survivors. Survival action proceeds become part of the estate and can include medical expenses and lost wages the decedent incurred before dying. Filing both claims concurrently often maximizes overall recovery by addressing separate harms accruing before and after death.
Understanding these complementary actions allows families and estate representatives to pursue every available remedy under Chapter 71 and Chapter 71A of the Texas Civil Practice and Remedies Code.
What Is the Wrongful Death Claim Process in Tarrant County?
The wrongful death process in Tarrant County begins with preserving key evidence and securing legal counsel. First, families should immediately document accident scenes, collect witness information, and obtain medical and police records. Next, an attorney conducts a thorough investigation to assess liability and damages.
Once the evidence is assembled, the attorney prepares and files a petition in the appropriate Tarrant County district court before the two-year deadline. Discovery follows, during which both sides exchange information. Settlement negotiations or mediation typically occur next, aiming to resolve the claim without trial. If no fair agreement emerges, the case proceeds to a jury trial for final resolution.
- Preserve evidence and contact experienced counsel.
- File petition in Tarrant County district court.
- Engage in discovery and document exchanges.
- Conduct settlement negotiations or mediation.
- Proceed to trial if necessary.
Families can expect periodic status updates, assistance with administrative tasks, and compassionate guidance throughout each phase, ensuring clarity during a challenging time.
Why Choose the HLAW Law Firm for Wrongful Death Cases in Fort Worth?
HLAW Law Firm combines decades of wrongful death expertise with a faith-guided, compassionate approach that honors grieving families. Our attorneys have secured substantial recoveries for Tarrant County clients in vehicle collisions, workplace tragedies, and medical negligence cases. By focusing on personalized service and attentive communication, we guide clients through each legal milestone with empathy and professionalism.
Operating on a contingency-fee basis, HLAW Law Firm ensures that families never face upfront legal costs while pursuing justice. Our local knowledge of Fort Worth courts, relationships with experts, and commitment to ethical advocacy differentiate our firm. Community testimonials consistently highlight our responsiveness, trial-tested skill, and unwavering support during the most difficult periods.
- Experienced trial attorneys with deep Tarrant County roots
- Faith-guided counsel that respects your family’s values
- No-fee-unless-we-win contingency structure
With HLAW Law Firm by your side, you gain both seasoned legal strategy and compassionate guidance tailored to Fort Worth families.
Grieving families deserve both legal skill and heartfelt support when seeking compensation for a wrongful death. By understanding eligibility, deadlines, damages, proof requirements, claim types, and procedural steps, you can confidently pursue justice. When you partner with BHW Law Firm, you secure dedicated advocacy on a contingency-fee basis—so you can focus on healing while we focus on your case.
Contact our firm today for a free case evaluation and consultation.
