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A wrongful death occurs when someone dies because of another person’s or company’s negligence, carelessness, or wrongful act. Under Chapter 71 of the Texas Civil Practice and Remedies Code, surviving family members can file a civil lawsuit against the responsible party. These cases are filed as civil suits in the Tarrant County District Courts, a short walk from our downtown Fort Worth office.
Losing a family member is devastating, and the legal process can feel like one more burden on top of an unbearable loss. Our Fort Worth wrongful death lawyers handle the investigation, the insurance company, and the litigation, so your family can focus on each other. You pay nothing unless we recover money for your family.
A commercial driver backed a loaded rig across a lot with no working lights, striking and killing a retired man walking to his truck. The trucking company denied responsibility and tried to shift blame onto the victim. We obtained the rig’s maintenance and lighting records, and the driver was ultimately charged criminally in connection with the death. Working with the family, we built the civil case around the equipment failure and secured one of the largest wrongful death recoveries in Texas that year.
Result: the family received $2,317,515.82.
A commercial truck driver, distracted behind the wheel, struck and killed a motorcyclist and fled the scene, evading authorities before he was located. The trucking company carried only the state minimum insurance policy. We moved quickly to preserve the evidence of the driver’s distraction and pursued every dollar of available coverage for the family.
Result: the family received $654,842.86, the maximum available under the at-fault driver’s insurance policy.
Past results do not guarantee future outcomes. Every case depends on its own facts, and no particular outcome can be promised.
Tarrant County sees a steady toll of preventable deaths, and our Fort Worth wrongful death lawyers have represented families across nearly all of them, including:
In each of these situations, someone had a duty to keep others safe and failed to meet it. Our job is to prove exactly how and why that happened.
Texas law allows surviving family members to recover several categories of damages in a wrongful death claim, including the loss of the deceased person’s earning capacity, the loss of financial support and household services they would have provided, funeral and burial expenses, and the loss of companionship, care, and guidance. Surviving family members can also recover for the mental anguish caused by the loss. In cases involving especially reckless conduct, exemplary damages may be available as well.
Texas law also allows the deceased person’s estate to bring a separate survival action under Civil Practice and Remedies Code § 71.021. A survival action recovers what the deceased person could have claimed had they survived, including their own pain and suffering and medical bills between the injury and the death. We evaluate both claims together so your family recovers everything the law allows.
Under Civil Practice and Remedies Code § 71.004, a wrongful death claim may be filed by the surviving spouse, children, or parents of the person who died. If none of them files suit within three months of the death, the executor or administrator of the estate can bring the claim on the family’s behalf, unless the family has specifically asked that no suit be filed. Texas gives your family two years from the date of death to file, though evidence and witness memories fade quickly, so the sooner we can start investigating, the stronger your case will be.
We move fast, because trucking companies, insurers, and property owners move fast to protect themselves. Within days of taking your case, we typically send preservation letters, dispatch an investigator if the evidence is time-sensitive, and open communication with every insurance company that may owe your family money. From there, we build the case, medical bills, lost income, expert opinions where needed, and a full accounting of what your loss is actually worth, and negotiate from a position of strength. If the insurance company will not offer a fair number, we prepare the case for trial. Most wrongful death claims resolve through negotiation, but we prepare every case as if it is going in front of a Tarrant County jury.
Wrongful death claims are civil lawsuits filed in the Tarrant County District Courts, not the criminal courts that prosecute the at-fault party. A criminal case and a civil wrongful death case can proceed at the same time, and a criminal conviction can strengthen the civil claim.
We handle wrongful death cases on a contingency fee basis. There is no upfront cost, and we only get paid if we recover money for your family. The initial consultation is always free.
Generally, Texas law gives surviving family members two years from the date of death to file a wrongful death lawsuit. Some exceptions can shorten or extend that window, so it is important to speak with a lawyer as soon as possible.
Yes. Deaths in jail or police custody can support a wrongful death claim when negligence, excessive force, or a failure to provide medical care contributed to the death. These cases require a lawyer who understands both the civil claim and the criminal side of what happened.
Every case is different. Value depends on the circumstances of the death, the strength of the liability evidence, the available insurance coverage, and the financial and emotional loss to your family. We will not know your case’s true value until we investigate it, which is why the consultation is free.
Insurance companies and corporate defendants have lawyers working to minimize what they pay from the moment your loved one dies. Having your own experienced wrongful death lawyer levels that playing field and protects your family’s legal rights while you focus on grieving.
One City Place Building, 300 Throckmorton Street, Suite 700, Fort Worth, TX 76102
Wrongful death suits are civil cases, filed separately from any criminal charges the at-fault party may face. Our office sits three blocks from the Tarrant County Civil Courts complex, where these lawsuits are filed and tried, and seven blocks from the Eldon B. Mahon Federal Courthouse.
Our Fort Worth wrongful death lawyers represent grieving families throughout Tarrant County and the surrounding communities, including Arlington, Mansfield, Burleson, Keller, Southlake, Grapevine, Hurst, Euless, Bedford, North Richland Hills, Haltom City, Benbrook, Crowley, and Colleyville, in cases arising anywhere along I-30, I-35W, I-20, Loop 820, SH-121, and SH-183.