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Losing a loved one because of someone else’s negligence is one of the most devastating experiences a family can face. The grief is real, the financial pressure is immediate, and the legal questions can feel overwhelming. At Chandler Ross Injury Attorneys, we represent families in Plano and across the North Texas region who are dealing with exactly this situation. Our office is located at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205, and we are committed to helping families understand their rights and pursue the justice their loved one deserved. If your family has lost someone due to another person’s wrongful act, call us at (940) 800-2500 to speak with a member of our team.
Table of Contents
- What Texas Law Says About Wrongful Death Claims in Plano
- Who Can File a Wrongful Death Lawsuit in Texas
- What Damages Your Plano Wrongful Death Case Can Recover
- The Two-Year Deadline for Filing a Plano Wrongful Death Claim
- How Chandler Ross Injury Attorneys Handles Plano Wrongful Death Cases
- Why Plano Families Choose Chandler Ross Injury Attorneys in Denton
- FAQs About Plano Wrongful Death Claims
What Texas Law Says About Wrongful Death Claims in Plano
Texas law gives families a legal path to hold negligent parties accountable when someone dies because of another person’s wrongful act. That path runs through Chapter 71 of the Texas Civil Practice and Remedies Code, which is the state’s Wrongful Death Act. Under CPRC Section 71.002, 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. This applies whether the at-fault party acted directly or through an agent or employee.
The law covers a wide range of situations. A negligent driver who runs a red light on US-75 near Legacy Drive in Plano can be held liable. So can a property owner whose unsafe conditions caused a fatal fall, or a trucking company whose driver caused a catastrophic collision on the Dallas North Tollway. The common thread is negligence, meaning someone failed to act with the care a reasonable person would have used, and that failure caused your family member’s death.
Texas also recognizes a separate legal action called a survival claim, governed by CPRC Section 71.021. A survival action under Section 71.021 recovers the deceased person’s pre-death pain and suffering, medical bills, lost earnings, and funeral costs for the estate. The wrongful death claim and the survival claim can be filed together, and doing so often maximizes the total compensation available to your family. These are two distinct legal vehicles, and understanding how they work together matters when building your case.
Texas also allows for exemplary damages, sometimes called punitive damages, in cases involving willful acts or gross negligence. Under CPRC Section 71.009, when death is caused by a willful act, omission, or gross negligence, exemplary damages may be recovered in addition to actual damages. If a drunk driver killed your family member, for example, that level of recklessness can support a claim for punitive damages on top of everything else your family has lost.
Who Can File a Wrongful Death Lawsuit in Texas
Texas law is specific about who has the legal right to bring a wrongful death claim. Under Civil Practice and Remedies Code Section 71.004, a wrongful death action is for the exclusive benefit of the deceased person’s surviving spouse, children, and parents, and those same people are the ones who may bring it. If you fall into one of those three categories, you have standing to file. If you do not, the law does not allow you to bring the claim in your own name, regardless of how close you were to the person who died.
Texas courts have made clear that siblings of the deceased do not have standing under the Act, and grandchildren are likewise not among the statutory claimants. This can feel harsh, especially when a sibling or grandchild shared a deeply close bond with the person who died. But the statute is strict, and courts apply it that way.
There is a built-in protection for situations where eligible family members do not act quickly. If none of the eligible family members files within three calendar months of the death, the estate’s executor or administrator brings the action unless all beneficiaries request otherwise. This provision ensures that a claim is not lost simply because the grieving family needed time to process what happened.
Natural and adoptive parents qualify as beneficiaries under the Act. However, stepparents cannot recover for the wrongful death of a stepchild unless a legal adoption took place. The same rule applies in reverse. These distinctions matter, and knowing where your family stands before filing is essential. The team at Chandler Ross Injury Attorneys can review your situation and tell you exactly who has the right to pursue a claim and how to structure it correctly.
What Damages Your Plano Wrongful Death Case Can Recover
A wrongful death claim can recover significant compensation for the losses your family has suffered. These losses are both financial and personal, and Texas law recognizes both categories. The wrongful death claim recovers lost earning capacity, lost care, maintenance, support, services, advice, and counsel, plus mental anguish and loss of companionship and society. These are the losses your family experiences going forward, not just the expenses tied to the death itself.
Think about what your family has actually lost. If your spouse was the primary earner, you have lost years of income that would have supported your household. If your parent died, you have lost the guidance, care, and companionship they would have provided. If your child died, the emotional and personal loss is immeasurable. Texas law allows juries to consider all of these factors when calculating damages.
The survival claim adds another layer of recovery. A survival action, brought by the estate, seeks damages the deceased person endured before passing, such as pain and medical expenses. If your loved one survived for any period after the accident, those medical bills and that suffering are compensable through the survival claim.
Compensatory damages are not capped outside of medical-malpractice cases, which have their own noneconomic limits. Only exemplary (punitive) damages are capped, under Civil Practice and Remedies Code Section 41.008, at the greater of $200,000 or two times economic damages. This means the full scope of your family’s actual losses is not artificially limited by a statutory cap in most wrongful death cases. Under CPRC Section 71.010, the jury awards damages in proportion to the injury resulting from the death, and those damages are divided among the eligible beneficiaries according to the jury’s findings.
Past results in any case depend entirely on the specific facts and law involved. Every case is different, and no outcome can be guaranteed. What we can promise is that we will investigate your case thoroughly and fight for every dollar your family is entitled to recover.
The Two-Year Deadline for Filing a Plano Wrongful Death Claim
Texas sets a firm deadline for filing a wrongful death lawsuit. Under Texas Civil Practice and Remedies Code Section 16.003(b), a person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. In a wrongful death case, that clock starts running on the date your loved one died, not the date of the accident or injury that led to the death.
Two years sounds like a long time when you are in the middle of grief. It is not. Building a strong wrongful death case takes time. Investigators need to reconstruct what happened. Medical records and employment records need to be gathered. Witnesses need to be identified and interviewed. Evidence can disappear quickly, especially after crashes on busy corridors like the Sam Rayburn Tollway or State Highway 121 in the Plano area. Waiting too long puts all of that at risk.
Miss this deadline, and the court will almost certainly dismiss your case. There are limited exceptions that can pause, or “toll,” the two-year period. Common exceptions include minor children who lose a parent. If surviving children are under 18, the statute of limitations may be tolled until they reach adulthood. Fraudulent concealment by the at-fault party and legal incapacitation of the claimant are also recognized grounds for tolling. But these exceptions do not apply automatically, and a court must evaluate the specific facts before granting extra time.
The safest approach is to contact a wrongful death attorney as soon as possible after the loss. Chandler Ross Injury Attorneys serves families throughout Plano, Denton, and the surrounding communities. Call us at (940) 800-2500 to start a conversation about your case before the clock runs out.
How Chandler Ross Injury Attorneys Handles Plano Wrongful Death Cases
Wrongful death cases are among the most serious matters our firm handles. These cases require thorough investigation, careful legal strategy, and a genuine understanding of what your family is going through. From the moment you contact us, we work to understand the full picture of your loss so we can build the strongest possible case on your behalf.
We start by identifying every party that may bear responsibility. In a fatal truck accident on the Dallas North Tollway, that might include the driver, the trucking company, and a maintenance contractor. In a fatal crash caused by a drunk driver near the Shops at Legacy, it might include the driver and potentially a bar or restaurant that over-served alcohol under Texas’s dram shop laws. Our team traces liability wherever it leads.
We gather and preserve evidence quickly. That includes crash reports filed with the Plano Police Department, surveillance footage from nearby businesses, data from vehicle black boxes, and expert analysis of what caused the collision. In cases involving construction site deaths or oil rig injuries, the investigation may involve federal safety regulations and OSHA records as well. We know how to build a case that holds up, whether it settles before trial or goes before a jury at the Collin County Courthouse in McKinney.
Our firm represents clients who have suffered some of the most serious losses imaginable, including families dealing with catastrophic injury cases that turned fatal, as well as those involving nursing home neglect, premises liability, and drunk driving accidents. We handle these cases on a contingency fee basis, which means you pay nothing unless we recover compensation for your family. The personal injury lawyers at Chandler Ross Injury Attorneys are ready to stand beside your family through every step of this process. Call us at (940) 800-2500 or visit our office at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205.
Why Plano Families Choose Chandler Ross Injury Attorneys in Denton
Plano is one of the fastest-growing cities in Collin County, with major corridors like US-75, the Sam Rayburn Tollway, and the Dallas North Tollway carrying enormous traffic volume every day. US-75 in Plano saw more crashes in 2025 than the Dallas North Tollway despite the tollway having a higher traffic volume. That kind of data tells you something important: dangerous driving happens everywhere in Plano, not just on the busiest roads.
Fatal crashes in Plano decreased by 6.7% from 2024 to 2025, but injury crashes increased by 3.9%. Even with that improvement, fatal crashes still happen, and every one of them represents a family that suddenly needs answers and legal support. When those crashes involve negligence, Texas law gives families the right to seek accountability.
Chandler Ross Injury Attorneys is based in Denton, just up I-35E from Plano, and we regularly serve clients throughout Collin County, Denton County, and the greater North Texas region. We know the local roads, the local courts, and the challenges families in this area face when dealing with insurance companies that prioritize their bottom line over your loss.
We treat every family we represent with respect and honesty. We will tell you what your case is worth based on the facts, not on inflated promises. We will explain every step of the legal process in plain language. And we will fight hard to make sure the person or company responsible for your loved one’s death is held fully accountable under Texas law. If you are ready to talk, we are ready to listen. Call (940) 800-2500 today.
FAQs About Plano Wrongful Death Claims
What is the difference between a wrongful death claim and a survival claim in Texas?
A wrongful death claim compensates surviving family members for their own losses, such as lost financial support, lost companionship, and mental anguish. A survival claim, governed by CPRC Section 71.021, belongs to the deceased person’s estate and covers what the person suffered before death, including pre-death pain, medical expenses, and lost earnings. Both claims can be filed together, and doing so often results in greater total compensation for the family.
How long does a Plano family have to file a wrongful death lawsuit in Texas?
Texas Civil Practice and Remedies Code Section 16.003(b) gives families two years from the date of death to file a wrongful death lawsuit. The clock starts on the date of death, not the date of the accident. Missing this deadline almost always results in the court dismissing the case permanently. Limited exceptions exist, such as when a surviving claimant is a minor child or when the at-fault party concealed their role in the death, but these exceptions are not automatic and require court approval.
Who is allowed to file a wrongful death lawsuit in Texas?
Under CPRC Section 71.004, only the surviving spouse, children, and parents of the deceased have the legal right to bring a wrongful death claim. Siblings, grandchildren, and other relatives do not have standing under Texas law. If none of the eligible family members files within three months of the death, the estate’s executor or administrator may bring the claim on their behalf, unless all beneficiaries instruct otherwise.
Can we pursue punitive damages if a drunk driver killed our family member in Plano?
Yes, in many cases. Under CPRC Section 71.009, exemplary damages, also called punitive damages, may be recovered when a death is caused by a willful act, omission, or gross negligence. Drunk driving is frequently treated as gross negligence by Texas courts, which means your family may be entitled to punitive damages in addition to compensatory damages. These damages are capped under CPRC Section 41.008, but they can still add significant value to your case. Each case depends on its specific facts, and no particular outcome can be guaranteed.
Does Chandler Ross Injury Attorneys charge upfront fees for wrongful death cases?
No. Chandler Ross Injury Attorneys handles wrongful death cases on a contingency fee basis. That means you pay no attorney fees unless we recover compensation for your family. You can speak with our team, get your questions answered, and move forward with your case without any financial risk upfront. To get started, call us at (940) 800-2500 or visit our office at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205.
Content prepared by Chandler Ross, Injury Attorneys, 110 N. Woodrow Ln, Ste 120, Denton, TX 76205. Principal office: Denton, Texas. Past results described on this page are not a guarantee of future outcomes. Every case is different, and results depend on the specific facts and law involved.
