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Losing someone you love because of another person’s careless or reckless actions is one of the most painful experiences a family can go through. When that loss happens on a Carrollton road, at a local worksite, or on a property where someone failed to keep others safe, Texas law gives your family the right to hold the responsible party accountable. Chandler Ross Injury Attorneys, based in Denton, Texas, represents families in Carrollton and throughout Denton County who are dealing with exactly this kind of loss. Our attorneys are licensed in Texas and handle wrongful death claims directly. If you need to speak with someone today, call us at (940) 800-2500.
Table of Contents
- What Texas Law Says About Wrongful Death Claims in Carrollton
- Who Can File a Wrongful Death Lawsuit in Texas and When
- What Damages Your Family Can Recover in a Carrollton Wrongful Death Case
- Common Causes of Wrongful Death in Carrollton, Texas
- What Happens If the Defendant Dies Before or During the Lawsuit
- FAQs About Carrollton Wrongful Death Attorney
What Texas Law Says About Wrongful Death Claims in Carrollton
Texas Civil Practice and Remedies Code Chapter 71, Subchapter A, is the law that gives families the right to file a wrongful death claim. Under Section 71.002, a person is liable for damages when their wrongful act, neglect, carelessness, or default causes another person’s death. That covers a wide range of situations, from drunk driving accidents on Interstate 35E near Carrollton to slip and fall incidents at a business along Old Denton Road.
The law defines “person” broadly. It includes individuals, corporations, joint-stock companies, and even trustees or receivers. So whether your family member was killed by a negligent driver, a business that failed to maintain safe conditions, or a company whose employee caused a fatal crash, the statute reaches all of them.
Under Section 71.001, the Texas wrongful death statute also recognizes an unborn child as an individual “at every stage of gestation from fertilization until birth.” This is an important detail that many families are not aware of. If you lost an unborn child due to someone else’s negligence, you may still have a valid claim under Texas law.
Section 71.006 makes clear that a wrongful death claim is not blocked just because the death was caused by a felonious act. Even if the responsible party faces criminal charges, your family can still pursue a separate civil lawsuit. Criminal and civil cases are independent of each other in Texas. One does not wait for the other.
Section 71.009 goes further. When a death results from willful conduct or gross negligence, the law allows for exemplary damages on top of actual damages. Exemplary damages, sometimes called punitive damages, are meant to punish especially reckless behavior and send a message that it will not be tolerated. If the person who caused your loved one’s death acted with extreme disregard for human life, your family may be entitled to more than just economic compensation.
Who Can File a Wrongful Death Lawsuit in Texas and When
Texas law is specific about who has the right to file a wrongful death claim. Under Chapter 71, the eligible family members are the surviving spouse, children, and parents of the deceased. These individuals may file the lawsuit together or separately. If none of them file within three months of the death, the personal representative or executor of the deceased’s estate may file on the family’s behalf.
The filing deadline matters enormously. Texas imposes a two-year statute of limitations on wrongful death claims. That means your family generally has two years from the date of your loved one’s death to file a lawsuit in court. The clock starts on the date of death, not the date of the accident or injury that caused it. If you miss that deadline, a court will almost certainly dismiss your case, and your family will lose the right to seek compensation entirely.
Two years can feel like a long time, but wrongful death cases require significant preparation. Investigators need to gather evidence from the scene. Medical records must be collected and reviewed. Witnesses need to be interviewed. In cases involving commercial trucks or large vehicles on I-35E or the Sam Rayburn Tollway near Carrollton, identifying liable parties, including carriers, fleet owners, and insurers, takes time. Starting early protects your case.
There are limited exceptions that can pause the two-year deadline. For example, if the cause of death was not immediately apparent, such as in cases involving toxic exposure or a delayed diagnosis, the clock may not start until the family discovers or reasonably should have discovered the cause. Courts review these situations carefully, and the exception does not apply automatically. Speaking with an attorney as soon as possible is the safest approach.
Chandler Ross Injury Attorneys handles wrongful death cases for Carrollton families. Call (940) 800-2500 to talk through your situation with our team.
What Damages Your Family Can Recover in a Carrollton Wrongful Death Case
Texas law allows surviving family members to recover both economic and non-economic damages through a wrongful death claim. Under Section 71.010 of the Civil Practice and Remedies Code, the jury may award damages proportionate to the injury resulting from the death, and those damages are divided among eligible family members based on the jury’s verdict.
Economic damages are the financial losses your family has suffered. These include the income your loved one would have earned over their lifetime, the value of services they provided to the household, and any medical expenses incurred before death. Funeral and burial costs are also recoverable. For families who depended on the deceased for financial support, these losses can be substantial.
Non-economic damages address losses that are harder to put a number on. Surviving spouses can claim loss of companionship and the emotional support their partner provided. Parents who lost a child can recover for the loss of that relationship. Children who lost a parent can claim damages for the loss of guidance, care, and nurturing they would have received.
When the death was caused by willful conduct or gross negligence, Section 71.009 allows the jury to also award exemplary damages. Think of a drunk driver who ran a red light near Carrollton’s Old Downtown area, or a trucking company that ignored federal safety regulations and put an unfit driver on the road. In cases like those, exemplary damages hold the wrongdoer to a higher level of accountability.
Section 71.011 provides one more protection worth knowing. Damages recovered in a wrongful death action are not subject to the debts of the deceased. The compensation your family receives belongs to your family, not to creditors of the estate.
Connecting with personal injury lawyers who understand how to calculate and present the full scope of your family’s losses is one of the most important steps you can take after losing a loved one to someone else’s negligence.
Common Causes of Wrongful Death in Carrollton, Texas
Carrollton sits at the intersection of Dallas, Denton, and Collin counties, making it a busy area with heavy traffic on major corridors like Interstate 35E, the George Bush Turnpike, and Josey Lane. That traffic volume, combined with negligent behavior, creates conditions where fatal accidents happen far too often.
In 2024, Texas recorded 4,150 motor vehicle traffic fatalities statewide. In that same year, 1,053 people were killed in crashes involving alcohol-impaired drivers, accounting for 25.37% of all traffic deaths. Drunk driving accidents are a leading cause of wrongful death claims in the Carrollton area, and families who lose someone to an impaired driver have strong grounds for a civil lawsuit regardless of the outcome of any criminal case.
Car and truck accidents are not the only causes. Workplace accidents, premises liability incidents, and negligent security situations also result in fatal injuries. A fatal fall at a construction site near the Carrollton-Farmers Branch Independent School District area, a drowning at a local apartment complex, or an assault at a poorly secured commercial property can all form the basis of a wrongful death claim.
Pedestrian deaths are another serious concern. Pedestrian deaths in Texas decreased by 5.19% in 2024, totaling 768 fatalities statewide. Even with that slight improvement, hundreds of families across Texas lost someone who was simply walking near a road. Carrollton’s busy commercial strips and residential neighborhoods make pedestrian safety a real issue.
Nursing home abuse and neglect can also lead to wrongful death claims. When a facility fails to provide proper care and a resident dies as a result, the family has the right to pursue the facility under Chapter 71. The same applies to daycare injuries, dog bite fatalities, and catastrophic injuries that result in death after a period of treatment.
Every wrongful death case starts with one question: did someone’s negligence, carelessness, or willful misconduct cause your loved one’s death? If the answer is yes, Texas law gives your family a path to justice.
What Happens If the Defendant Dies Before or During the Lawsuit
Families sometimes worry that a wrongful death claim will fall apart if the person responsible for their loved one’s death passes away before the case is resolved. Texas law addresses this directly. Under Section 71.008 of the Civil Practice and Remedies Code, if the defendant dies while a wrongful death action is pending, or before the action is even filed, the executor or administrator of the defendant’s estate can be named as a defendant. The case continues as if the defendant were still alive.
This matters in practical terms. If a driver who caused a fatal crash on the President George Bush Turnpike later dies from unrelated causes, your family’s case does not end. You can still pursue the claim against the driver’s estate. Any judgment in your favor is then paid through the estate’s administration process.
The same logic applies to corporate defendants. If a company dissolves or goes through bankruptcy during the course of a wrongful death lawsuit, there are legal tools available to pursue the claim through the proper channels. An attorney familiar with Texas civil procedure will know how to handle those situations.
Wrongful death cases can also involve multiple defendants. A fatal truck accident, for example, might involve the driver, the trucking company, a cargo loader, and a vehicle manufacturer. Each party’s share of liability is determined based on the evidence. Texas follows a proportionate responsibility system, meaning each defendant pays based on their percentage of fault.
These cases are rarely simple. The Denton County Courthouse handles civil litigation for cases originating in Denton County, and cases involving Carrollton may also be filed in Dallas County depending on where the incident occurred. Knowing which court applies and how to build a strong case from day one is something the team at Chandler Ross Injury Attorneys is prepared to help with. Call us at (940) 800-2500 to get started.
FAQs About Carrollton Wrongful Death Attorney
Who qualifies to file a wrongful death lawsuit in Texas?
Under Texas Civil Practice and Remedies Code Chapter 71, the surviving spouse, children, and parents of the deceased are eligible to file a wrongful death claim. They can file together or individually. If none of them file within three months of the death, the personal representative of the deceased’s estate may file on the family’s behalf. Siblings and other relatives are not eligible to file under the Texas wrongful death statute.
How long does a family have to file a wrongful death claim in Carrollton?
Texas law gives families two years from the date of the loved one’s death to file a wrongful death lawsuit. This deadline is called the statute of limitations. Missing it almost always results in the court dismissing the case and the family losing the right to seek compensation. Because wrongful death cases require thorough investigation and preparation, it is important to contact an attorney as soon as possible after the loss.
Can a family file a wrongful death claim even if criminal charges are pending?
Yes. Under Section 71.006 of the Texas Civil Practice and Remedies Code, a wrongful death action is not blocked because the death was caused by a felonious act or because criminal proceedings are underway. The civil lawsuit and the criminal case are separate. Your family does not have to wait for a criminal conviction, or even a criminal charge, to pursue a wrongful death claim in civil court.
What is the difference between a wrongful death claim and a survival claim in Texas?
A wrongful death claim is filed by surviving family members for their own losses, such as lost financial support, loss of companionship, and grief. A survival claim, governed by Subchapter B of Texas Civil Practice and Remedies Code Chapter 71, is filed on behalf of the deceased person’s estate for damages the deceased suffered before death, such as pain and suffering and medical bills incurred before dying. Both types of claims can often be pursued together in the same lawsuit.
Does Chandler Ross Injury Attorneys handle wrongful death cases for Carrollton families?
Yes. Chandler Ross Injury Attorneys, based in Denton, Texas, represents families in Carrollton and surrounding areas who have lost a loved one due to someone else’s negligence or wrongful conduct. The attorneys at the firm are licensed in Texas and handle wrongful death cases directly. Past results in any case do not guarantee the same outcome in another matter, as each case turns on its own facts and applicable law. To speak with our team, call (940) 800-2500.
More Resources for Carrollton, TX
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- Carrollton Slip and Fall Attorney
- Carrollton Premises Liability Lawyer
- Carrollton Drunk Driving Accident Attorney
- Carrollton Pedestrian Accident Lawyer
- Carrollton Bicycle Accident Attorney
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