Farmers Branch Wrongful Death Attorney

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Losing a family member because of someone else’s negligence is one of the most devastating experiences a person can face. The grief is overwhelming, and the financial pressure that follows can make an already impossible situation even harder. If your loved one died due to another person’s or company’s wrongful conduct in or around Farmers Branch, Texas, you may have the right to pursue a wrongful death claim under Texas law. At Chandler Ross Injury Attorneys, we represent families in Farmers Branch and across the Dallas-Fort Worth area who are seeking justice after a preventable loss. Our attorneys are licensed in Texas and practice personal injury and wrongful death law from our office in Denton, Texas.

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What Texas Law Says About Wrongful Death Claims in Farmers Branch

Texas law gives surviving family members the right to sue when a loved one dies due to another party’s wrongful conduct. This right comes from Chapter 71 of the Texas Civil Practice and Remedies Code, specifically Section 71.002, which states that a person is liable for damages arising from an injury that causes an individual’s death if that injury was caused by the person’s wrongful act, neglect, carelessness, unskillfulness, or default.

The law applies broadly. It covers individual drivers, property owners, employers, product manufacturers, and transportation companies. So whether your loved one died in a crash on Interstate 635 near Farmers Branch, suffered fatal injuries at a worksite off Valley View Lane, or passed away due to negligent medical care, the statute may give your family a legal path forward.

Section 71.003 clarifies that the wrongful death statute applies only if the deceased person would have had the right to file a personal injury lawsuit had they survived. This is an important threshold. The conduct that caused the death must be the kind that creates legal liability, not simply a tragic accident with no responsible party.

Under Section 71.009, when a death results from a defendant’s willful act, omission, or gross negligence, the court may award exemplary damages in addition to actual damages. Exemplary damages, sometimes called punitive damages, go beyond compensating the family. They are designed to punish especially reckless behavior and deter others from acting the same way.

Section 71.011 also provides an important protection: any damages your family recovers in a wrongful death action are not subject to the debts of the deceased. The money goes directly to the surviving family members, not to creditors of the estate.

If you are unsure whether your family’s situation qualifies as a wrongful death under Texas law, the best step you can take right now is to speak with an attorney. Call Chandler Ross Injury Attorneys at (940) 800-2500 for a free consultation.

Who Can File a Wrongful Death Lawsuit in Texas and Who Benefits

Texas law is specific about who has the legal right to bring a wrongful death claim. Under Texas Civil Practice and Remedies Code Section 71.004, a wrongful death action is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. Siblings, grandparents, and other relatives do not have standing to file under this statute, regardless of how close the relationship was.

Any one of the eligible family members can bring the lawsuit on behalf of all beneficiaries. They do not all have to file separately. If none of the eligible family members file within three calendar months of the death, the executor or administrator of the deceased’s estate has the authority to bring the action, unless all eligible family members request otherwise.

Natural and adoptive parents can recover for the wrongful death of a child. Adoptive children may also file for the wrongful death of an adoptive parent. However, stepparents generally cannot recover for the wrongful death of a stepchild unless a legal adoption was completed.

The damages awarded in a wrongful death case are divided among the eligible beneficiaries who are alive at the time of the verdict, as set out in Section 71.010. The jury determines the proportionate share each person receives based on the harm they suffered.

Families in Farmers Branch, a community of roughly 36,000 residents situated just off the Dallas North Tollway and Interstate 635, deal with the same fast-moving traffic and workplace hazards as any major Dallas suburb. When a death occurs here because of someone else’s failure to act responsibly, the family deserves to know their rights. The personal injury lawyers at Chandler Ross Injury Attorneys are ready to walk you through the process and help you understand exactly what your family may be entitled to recover.

Common Causes of Wrongful Death Cases Serving Farmers Branch Families

Wrongful death claims in Farmers Branch arise from many different types of incidents. The common thread in every case is that another party’s negligence, recklessness, or intentional misconduct caused the death. Understanding the most frequent causes helps families recognize when they may have a valid claim.

Car and truck accidents are among the most common causes. Farmers Branch sits at the intersection of several major roadways, including I-635 (LBJ Freeway), I-35E, and the Dallas North Tollway. High-speed collisions, distracted driving, and drunk driving crashes on these corridors kill people every year. When a negligent driver causes a fatal accident, the surviving family may bring a wrongful death claim against that driver and, in some cases, their employer.

Workplace accidents are another significant source of wrongful death claims in this area. Farmers Branch has a strong industrial and commercial base, with manufacturing and distribution operations employing thousands of workers. Fatal falls, equipment malfunctions, and exposure to hazardous conditions can all give rise to a wrongful death action.

Premises liability is also a common basis for these claims. Property owners have a legal duty to maintain safe conditions for visitors. When someone dies because a property owner ignored a known danger, such as a broken staircase, unsafe parking structure, or negligent security at a commercial location near Farmers Branch City Hall or along Valley View Lane, the family may have a valid claim.

Nursing home negligence, defective products, medical malpractice, and pedestrian accidents are other situations that regularly lead to wrongful death lawsuits. Each case requires a careful review of the facts, the parties involved, and the applicable law. Chandler Ross Injury Attorneys has handled serious injury and death cases across the North Texas region. Call us at (940) 800-2500 to talk through the details of your situation.

What Damages a Wrongful Death Claim Can Recover for Your Family

A wrongful death lawsuit in Texas can recover two broad categories of damages: those that compensate the family for their personal losses, and those recovered through a survival action on behalf of the deceased’s estate.

In the wrongful death claim itself, surviving family members can seek compensation for the financial support the deceased would have provided over their lifetime. They can also recover damages for the loss of companionship, care, guidance, and emotional support that the deceased gave them. A spouse can recover for loss of consortium. Parents and children can recover for the grief, mental anguish, and loss of the relationship they had with their loved one.

A survival action is separate from the wrongful death claim. Under Texas Civil Practice and Remedies Code Section 71.021, a personal injury cause of action does not end when the injured person dies. The estate can pursue the claims the deceased would have had if they had lived. This includes medical expenses incurred before death, lost wages from the time of injury to the time of death, pain and suffering the deceased experienced, and funeral and burial expenses.

In cases involving gross negligence or intentional misconduct, the court may also award exemplary damages under Section 71.009. These are not guaranteed in every case, and no attorney can promise a specific outcome. Every wrongful death case is different, and the value of any claim depends on the specific facts, the evidence available, and the applicable law.

What we can tell you is that having an experienced legal team on your side makes a real difference in building the strongest possible case. Chandler Ross Injury Attorneys takes wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family.

The Deadline to File a Wrongful Death Claim in Texas and Why It Matters

Texas law sets a strict deadline for filing wrongful death claims. Under Texas Civil Practice and Remedies Code Section 16.003, families generally have two years from the date of the loved one’s death to file a lawsuit. Missing this deadline almost always means losing the right to seek compensation, no matter how strong the case is.

The clock starts on the date of death, not the date of the accident or incident that caused the fatal injuries. So if your loved one was injured in a crash on I-35E and died several weeks later from those injuries, the two-year period begins on the date of death, not the date of the crash.

There are limited exceptions that can extend this deadline. If a beneficiary is a minor child, the statute of limitations for that child’s claim is tolled until they reach the age of 18. In some cases involving fraud or concealment, the clock may not start until the family discovers or reasonably should have discovered the wrongful conduct.

Despite these exceptions, waiting is always a risk. Evidence disappears. Witnesses forget details. Surveillance footage from businesses near Farmers Branch’s commercial corridors gets overwritten. The sooner your family contacts an attorney, the better the chance of preserving the evidence needed to support your claim.

Chandler Ross Injury Attorneys is based in Denton, Texas, and serves families throughout the Dallas-Fort Worth area, including Farmers Branch. If you have recently lost a loved one and believe negligence played a role, do not wait. Call us today at (940) 800-2500 for a free, no-obligation consultation. We will review the facts of your case, explain your options, and help you understand what steps to take next.

FAQs About Farmers Branch Wrongful Death Claims

Can I file a wrongful death claim if my loved one also had a personal injury lawsuit pending at the time of their death?

Yes. Under Texas Civil Practice and Remedies Code Section 71.021, a personal injury cause of action survives the death of the injured person. The estate can continue to pursue that claim through a survival action, while eligible family members simultaneously pursue a separate wrongful death claim. These are two distinct legal actions that can be filed together, and both may result in compensation for the family and the estate.

What if the person responsible for my loved one’s death also died in the same incident?

Texas law addresses this situation directly. Under Section 71.008 of the Texas Civil Practice and Remedies Code, if the defendant dies while a wrongful death action is pending, or before one is filed, the executor or administrator of the defendant’s estate can be named as a defendant. The case proceeds as though the responsible party were still alive, and any judgment in favor of the plaintiff is paid through the defendant’s estate during the administration process.

Does it matter that my loved one may have been partially at fault for the accident that caused their death?

Texas follows a modified comparative fault rule under Chapter 33 of the Texas Civil Practice and Remedies Code. Your family can still recover damages even if your loved one shared some responsibility for the incident, as long as their percentage of fault does not exceed 50 percent. If the deceased is found to be 51 percent or more at fault, the family cannot recover. The amount of compensation the family receives is reduced in proportion to the deceased’s percentage of fault. This is a fact-specific analysis, and an attorney can help you understand how it applies to your case.

Are wrongful death settlements taxable in Texas?

Generally, compensation received in a wrongful death settlement is not subject to federal income tax under Section 104 of the Internal Revenue Code, which excludes damages received for personal physical injuries or physical sickness from gross income. However, any portion of a settlement that represents punitive or exemplary damages may be treated differently for tax purposes. Tax laws are complex and can change, so it is always wise to consult a tax professional about your specific situation. Chandler Ross Injury Attorneys can refer you to qualified professionals who can address those questions.

How long does a wrongful death case in Texas typically take to resolve?

There is no single answer because every case is different. Some wrongful death claims resolve through a negotiated settlement within several months of filing. Others, particularly those involving disputed liability or significant damages, may take one to two years or longer if they proceed through litigation and trial. The complexity of the case, the number of parties involved, and the willingness of the insurance company or defendant to negotiate in good faith all affect the timeline. What matters most is that your family’s case is built on solid evidence and pursued with determination. Chandler Ross Injury Attorneys will keep you informed at every stage and work to resolve your case as efficiently as possible without sacrificing the value of your claim.

Content prepared by Chandler Ross Injury Attorneys, whose principal office is located in Denton, Texas. All attorneys practicing with this firm are licensed in the State of Texas. Past results in any case do not guarantee or predict a similar outcome in future cases, as each matter depends on its own facts and applicable law.

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