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Losing someone you love in a car accident is one of the most painful things a family can go through. The grief is real, the financial pressure comes fast, and the legal questions can feel overwhelming. If a negligent driver caused the crash that took your loved one’s life near I-35 in Denton, on Loop 288, or anywhere in Denton County, you have legal rights under Texas law, and those rights have a time limit. At Chandler Ross Injury Attorneys, we work with families in Denton who are facing exactly this situation. We want you to understand what the law says, what you can recover, and how we can help.
Table of Contents
- What Texas Law Says About Wrongful Death After a Car Accident
- Who Can File a Wrongful Death Claim in Texas
- The Two-Year Deadline and Why It Cannot Be Ignored
- What Compensation Can a Denton Wrongful Death Claim Recover
- How Chandler Ross Injury Attorneys Builds Your Wrongful Death Case
- FAQs About Wrongful Death Attorney After Car Accident in Denton, Texas
What Texas Law Says About Wrongful Death After a Car Accident
Texas Chapter 71 of the Civil Practice and Remedies Code is the foundation of every wrongful death claim in this state. Under CPRC § 71.002, a person is liable for damages when their wrongful act, neglect, carelessness, or unskillfulness causes another person’s death. That covers exactly what happens in most fatal car accidents, whether a distracted driver ran a red light on University Drive (US-380), a drunk driver crossed the center line on I-35E, or a speeding driver caused a head-on collision near the Denton County Courthouse on Hickory Street.
The law does not require a criminal conviction to bring a wrongful death claim. The standard in a civil case is a preponderance of the evidence, meaning it was more likely than not that the other driver’s negligence caused the death. That is a lower bar than the “beyond a reasonable doubt” standard used in criminal court. So even if the at-fault driver was never charged, your family can still pursue justice through the civil system.
Texas law also covers situations where the at-fault driver dies before or during the lawsuit. Under CPRC § 71.008, the executor or administrator of the at-fault driver’s estate can be made a defendant, and the case moves forward as if that person were still alive. This matters because insurance policies and estate assets may still be available to compensate your family.
One more important provision: under CPRC § 71.009, when a death is caused by willful conduct or gross negligence, your family may also be entitled to exemplary (punitive) damages on top of actual damages. Think of a drunk driver who was far over the legal limit, or a driver who was street racing near TWU’s campus. In those situations, the law allows for additional punishment beyond compensating your losses.
If you are grieving and want to know whether your family has a claim, the personal injury lawyers at Chandler Ross Injury Attorneys are ready to listen and give you honest answers. Call us at (940) 800-2500.
Who Can File a Wrongful Death Claim in Texas
Texas law is specific about who has the right to file a wrongful death lawsuit. Under CPRC § 71.004(a), only the surviving spouse, children, and parents of the deceased may bring a wrongful death claim. Siblings, grandparents, and other relatives do not have standing to file under the Texas Wrongful Death Act, even if they were very close to the person who died.
Adopted children and adoptive parents are included, as long as the adoption was legally completed. A surviving spouse can file even if they have remarried since the death. Natural parents of the deceased may also file, but stepparents who never legally adopted the child do not have standing under the statute.
The claim can be filed by one eligible family member on behalf of the entire group, or by all eligible family members together. Under CPRC § 71.010, the jury divides the damages among those who are entitled to recover and who are alive at the time of the verdict. Each person’s share is based on the extent of their individual loss.
There is also a separate legal action called a survival action, found in CPRC § 71.021. A survival action is different from a wrongful death claim. It belongs to the deceased person’s estate and covers the losses the deceased suffered between the time of the crash and the time of death, such as medical bills, pain, and lost wages during that period. A survival action survives to and in favor of the heirs and legal representatives of the injured person. Many families pursue both a wrongful death claim and a survival action at the same time.
If you are unsure whether you qualify to file, do not guess. Call Chandler Ross Injury Attorneys at (940) 800-2500 and speak directly with a member of our team. We serve families throughout Denton and the surrounding communities.
The Two-Year Deadline and Why It Cannot Be Ignored
Texas law gives families two years from the date of death to file a wrongful death lawsuit. This deadline comes from Texas Civil Practice and Remedies Code § 16.003(b). Miss it, and the court will almost certainly dismiss your case, no matter how strong your evidence is. Two years sounds like a long time when you are deep in grief, but it passes quickly, especially when you factor in the time it takes to gather evidence, identify all liable parties, and build a solid case.
Why does starting early matter so much? Evidence disappears. Surveillance footage from intersections near Loop 288 or Carroll Boulevard gets overwritten within days. Skid marks fade. Witnesses forget details. The Texas Department of Transportation’s Crash Records Information System tracks crash data, but getting the full picture requires acting fast. The sooner your legal team starts working, the more evidence is preserved.
There are limited exceptions that can extend the two-year deadline. If the surviving claimant is a minor child, the statute of limitations does not begin until they turn 18. If the at-fault driver concealed their role in the crash, the clock may not start until the family discovers or reasonably should have discovered the wrongdoing. These exceptions are narrow, and you should not count on them applying to your situation without talking to an attorney first.
One more thing to keep in mind: insurance companies start working on their defense immediately after a fatal crash. They assign adjusters, gather evidence, and build arguments designed to reduce or deny your claim. Your family deserves someone working just as hard on your side, from day one. A skilled car accident attorney who understands Texas wrongful death law can make a real difference in the outcome of your case.
Do not wait. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after a fatal crash in Denton County.
What Compensation Can a Denton Wrongful Death Claim Recover
Texas wrongful death law allows surviving family members to recover a wide range of damages. These are not just economic losses. The law recognizes that when someone loses a parent, spouse, or child, the harm goes far beyond a paycheck.
Financial damages include the loss of the deceased’s future income and earning capacity, the value of household services they provided, and any medical and funeral expenses. If your spouse was the primary earner and died in a crash on I-35 near the Denton Enterprise Airport, the financial impact on your family can be severe and long-lasting. Courts look at the deceased’s age, health, occupation, and earning history to calculate what they would have contributed over their lifetime.
Non-economic damages are also available and often make up a significant portion of wrongful death compensation. These include loss of companionship, loss of parental guidance, mental anguish, and grief. A parent who loses a child, or a child who loses a parent, suffers losses that go well beyond dollars. Texas courts recognize this, and juries take it seriously.
Under CPRC § 71.011, damages recovered in a wrongful death action are not subject to the debts of the deceased. That means creditors cannot come after the money your family recovers. The compensation goes to the beneficiaries, divided by the jury based on each person’s individual loss under CPRC § 71.010.
When the at-fault driver acted with gross negligence or willful misconduct, such as in a drunk driving crash or a road rage incident, the court may also award exemplary damages. These are meant to punish the defendant and send a message. Past results in cases like these vary depending on the specific facts and applicable law, and no outcome can be guaranteed. What we can tell you is that every dollar of compensation starts with a thorough investigation and a well-built case. Our team at Chandler Ross Injury Attorneys works hard to identify every source of recovery for your family.
How Chandler Ross Injury Attorneys Builds Your Wrongful Death Case
Fatal car accident cases in Denton require serious legal work. They are not simple insurance claims. Building a strong wrongful death case means gathering and preserving evidence quickly, identifying every party who may share liability, and presenting your family’s losses in a way that a jury can fully understand and value.
Our team starts by securing the TxDOT crash report (CR-3), which law enforcement must file within 10 days of a fatal crash under Texas Transportation Code § 550.062. We also work to obtain surveillance footage from cameras near the crash site, whether that is along Teasley Lane, near the UNT campus, or on a rural road in Denton County. We gather cell phone records, toxicology reports, and witness statements. In complex cases, we work with accident reconstruction experts who can piece together exactly what happened.
We also look beyond the at-fault driver. Was the driver working at the time, making their employer potentially liable? Was the vehicle defective? Was the road improperly maintained? These questions matter because they can expand the pool of responsible parties and available insurance coverage. Families dealing with uninsured or underinsured drivers face additional challenges, and we know how to handle those situations too.
We handle the insurance companies so you do not have to. Adjusters will contact your family quickly after a fatal crash. They are not on your side. Their job is to protect their company’s money. Our job is to protect your family’s rights. We deal with them directly so you can focus on your family.
Chandler Ross Injury Attorneys handles wrongful death cases on a contingency fee basis. You pay nothing unless we recover for you. If you lost a loved one in a fatal crash anywhere in Denton or the surrounding area, call us at (940) 800-2500. Families in Lewisville, Decatur, Irving, and Fort Worth have also trusted our team, and a car accident attorney from our firm is ready to help you today. You can also reach our car accident lawyer team in Fort Worth, our car accident lawyer team in Irving, and our car accident lawyer team in Decatur. We are here for your family.
FAQs About Wrongful Death Attorney After Car Accident in Denton, Texas
How long do I have to file a wrongful death lawsuit in Texas after a car accident?
Texas Civil Practice and Remedies Code § 16.003(b) gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. This deadline is strict. If you miss it, the court will almost certainly dismiss your case and your family will lose the right to recover compensation. There are very limited exceptions, such as when the claimant is a minor child. Do not wait to speak with an attorney.
Who is allowed to file a wrongful death claim in Texas?
Under CPRC § 71.004(a), only the surviving spouse, children, and parents of the deceased have the legal right to file a wrongful death claim in Texas. Siblings, cousins, grandparents, and other relatives do not have standing under the Texas Wrongful Death Act. Adoptive parents and legally adopted children are included. If none of these family members files within three months of the death, the personal representative of the estate may file on their behalf.
Can I file a wrongful death claim even if the at-fault driver was not charged with a crime?
Yes. A wrongful death claim is a civil case, not a criminal case. The standard of proof is much lower. You only need to show that it was more likely than not that the other driver’s negligence caused the death. A criminal conviction can strengthen your civil case, but it is not required. Many families successfully recover compensation in civil court even when no criminal charges were filed.
What damages can my family recover in a Texas wrongful death case?
Your family may be able to recover economic damages such as lost future income, loss of household services, medical expenses before death, and funeral costs. You may also recover non-economic damages including loss of companionship, loss of parental guidance, and mental anguish. In cases involving gross negligence or willful misconduct, such as a drunk driving crash, exemplary damages may also be available. Every case is different, and the specific damages available depend on the facts and applicable law. Past results in other cases do not guarantee any particular outcome in your case.
What is the difference between a wrongful death claim and a survival action in Texas?
A wrongful death claim belongs to the surviving family members and compensates them for their own losses, such as grief, lost support, and lost companionship. A survival action, found in CPRC § 71.021, belongs to the deceased person’s estate and covers the losses the deceased personally suffered between the crash and the time of death, such as medical bills, pain, and lost wages during that period. Both claims can be filed at the same time, and families often pursue both to recover full compensation.
Content prepared by Chandler Ross Injury Attorneys, principal office located in Denton, Texas. This page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Results in any legal matter depend on the specific facts and applicable law. Past results do not guarantee a similar outcome in any future case.