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Losing a family member because of someone else’s negligence is one of the most painful experiences a person can go through. Texas law gives surviving family members the right to hold responsible parties accountable through a wrongful death claim, and the attorneys at Chandler Ross Injury Attorneys in Denton, Texas are here to help you pursue that right. Whether the loss happened on I-35E near downtown Denton, on Loop 288, or anywhere in the Dallas-Fort Worth area, our team understands what is at stake for your family.

Table of Contents

What Is a Wrongful Death Claim Under Texas Law?

A wrongful death claim is a civil lawsuit brought by surviving family members when a person dies because of another party’s wrongful act, neglect, carelessness, or default. Under Texas Civil Practice and Remedies Code Section 71.002(b), a person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.

This means that liability can attach to a wide range of situations. A drunk driver who runs a red light on Dallas Drive and kills another motorist, a construction company that ignores safety rules at a Denton worksite, a property owner who fails to fix a dangerous condition, or a nursing home that neglects a resident, all of these can give rise to a wrongful death claim under Chapter 71.

Texas law also extends the definition of “individual” to include an unborn child at every stage of gestation from fertilization until birth. Under CPRC Section 71.001(4), the statute covers this class of victims, and Section 71.0055 requires the plaintiff to provide medical or other evidence that the mother was pregnant at the time of the individual’s death.

One important point that families often overlook: a wrongful death claim is a civil action, completely separate from any criminal case. Under CPRC Section 71.006, a wrongful death action is not blocked simply because the death resulted from a felonious act or because criminal proceedings are underway. You can pursue civil compensation even while a criminal case is pending.

If you believe someone’s negligence caused your loved one’s death, speaking with the personal injury lawyers at Chandler Ross Injury Attorneys is the right first step. We serve families throughout Denton County and the greater Dallas area, and we offer free consultations so you can understand your options without any financial pressure.

Who Can File a Wrongful Death Lawsuit in Texas?

Not everyone can bring a wrongful death lawsuit. Texas Civil Practice and Remedies Code Section 71.004 limits the action to the exclusive benefit of the surviving spouse, children, and parents of the deceased. These individuals are called statutory beneficiaries, and they have the first right to file.

Wrongful death beneficiaries in Texas are the decedent’s surviving spouse, children, and parents, meaning only those who are the decedent’s surviving spouse, child, or parent can file a wrongful death claim. People who shared other types of relationships with the decedent, such as siblings, grandparents, or friends, cannot file this type of claim.

For the surviving spouse, both legally married partners and common-law spouses recognized under Texas law qualify. To be eligible to file or benefit from a claim, the surviving spouse must have still been married to the deceased person at the time of their death. If a divorce is finalized before then, the ex-spouse cannot bring a wrongful death suit, even if they were still married at the time of the incident and the spouse dies later because of their injuries.

For children, only biological or legally adopted children qualify. Stepparents may not recover for the wrongful death of a stepchild absent legal adoption. Likewise, a stepchild cannot recover for the wrongful death of the stepparent. Neither foster parents nor foster children are beneficiaries within the meaning of the Act unless there has been formal adoption.

If named beneficiaries do not bring an action within three months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. This three-month window is critical, and families near the Denton County Courthouse on West Hickory Street should not wait to get legal guidance.

What Damages Can a Dallas Wrongful Death Lawyer Help You Recover?

Texas wrongful death law allows surviving family members to recover both economic and non-economic damages. Economic damages cover the financial losses your family suffers because of the death. Non-economic damages address the emotional and relational losses that cannot be replaced by a dollar figure.

Economic damages typically include the deceased’s lost future earnings and benefits, medical expenses incurred before death, and funeral and burial costs. If your spouse was the primary earner for your household near the Rayzor Ranch area or anywhere in Denton, the loss of that income can be financially devastating for years to come.

Non-economic damages cover losses like mental anguish, loss of companionship, loss of consortium for a surviving spouse, and loss of parental guidance for surviving children. These are real losses that Texas courts recognize and compensate.

Texas law also allows for exemplary damages, which are sometimes called punitive damages, in certain cases. Exemplary (punitive) damages are available if the defendant is guilty of gross negligence or a willful act or omission. Under CPRC Section 71.009, when a death is caused by a willful act or omission or gross negligence, exemplary as well as actual damages may be recovered. This applies in cases involving drunk driving accidents, intentional violence, or extreme disregard for human safety.

One protection Texas law provides is that damages recovered in a wrongful death action are not subject to the debts of the deceased. Under CPRC Section 71.011, this means creditors of the deceased cannot claim the compensation your family receives. The money goes to the beneficiaries, not to pay off old bills.

Damages awarded under the Wrongful Death Act are to be “in an amount proportionate to the injury resulting from the death.” The jury, in its verdict, is to divide the damages into shares among the individuals who are entitled to recover and alive at the time. This means each beneficiary’s share reflects their individual loss, not a one-size-fits-all split.

Texas Wrongful Death Filing Deadline: The Two-Year Rule You Cannot Ignore

Texas sets a firm deadline for filing a wrongful death lawsuit. Texas law gives families a strict two-year window to file 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. One critical detail: the clock starts on the date of death, not the date of the accident or injury.

To put this in plain terms: if your family member was injured in a crash on I-35 in March but passed away from those injuries in August, your two-year window starts in August, not March. Miss this deadline, and the court will almost certainly dismiss your case. Just as with a standard personal injury statute of limitations, no amount of evidence or compelling facts can override an expired wrongful death filing window in Texas.

There are limited exceptions that can pause, or “toll,” the deadline. If you are a minor child, the statute of limitations does not begin until you are 18. However, a guardian or surviving parent can still pursue the claim on your behalf. In a wrongful death action the limitations period is generally two years after the death of the victim, but may be longer depending on the type of conduct that caused the death. The limitations period may be extended for an additional two years for a claim resulting from a defective product.

Two years can pass faster than families expect, especially when grief, medical bills, and daily responsibilities are all competing for attention. Acting early protects the evidence, preserves witness memories, and gives your legal team the time needed to build the strongest possible case. Call Chandler Ross Injury Attorneys at (940) 800-2500 today to make sure your family does not lose its right to seek justice.

Common Causes of Wrongful Death Claims in the Dallas-Denton Area

Wrongful death claims arise from many different types of incidents. In the Dallas-Denton corridor, our team sees cases rooted in car and truck accidents, construction site fatalities, premises liability incidents, nursing home neglect, and pedestrian collisions.

Traffic fatalities are among the most common triggers for wrongful death claims. The stretch of I-35E connecting Denton to Dallas sees heavy commercial truck traffic daily, and collisions involving 18-wheelers can be fatal. Drunk driving crashes are another leading cause. Cases involving an impaired driver connect directly to the same negligence principles that govern all wrongful death claims under CPRC Chapter 71.

Construction site deaths are a serious concern in Denton County, where development along University Drive and near the University of North Texas campus continues to expand. When a worker dies because of unsafe conditions, inadequate equipment, or a contractor’s failure to follow safety standards, the surviving family may have a wrongful death claim against the responsible employer, property owner, or contractor.

Premises liability deaths, including fatal slip and fall accidents at commercial properties or negligent security failures that lead to violent crimes, also fall under the wrongful death framework. When a property owner on the Square in downtown Denton fails to address a known danger and someone dies as a result, that owner can be held liable. Similarly, nursing home abuse and neglect that leads to a resident’s death can form the basis of a wrongful death claim, as the facility’s duty of care to its residents is well-established under Texas law.

No matter the cause, Chandler Ross Injury Attorneys is ready to investigate your case, identify every liable party, and fight for the full compensation your family deserves. Past results in other matters do not guarantee the same outcome in your case, as every claim depends on its own facts and applicable law, but we are committed to pursuing maximum recovery for every family we represent.

Why Denton Families Choose Chandler Ross Injury Attorneys for Wrongful Death Cases

Chandler Ross Injury Attorneys is a Denton, Texas personal injury law firm that handles wrongful death cases throughout Denton County and the Dallas-Fort Worth area. Our office is close to the families we serve, which means we are accessible when you need us, not just a distant voice on a phone line.

Wrongful death cases require a thorough investigation from the very beginning. We gather police reports, medical records, toxicology results, accident reconstruction data, and witness statements. We work with qualified experts who can testify about the cause of death, the financial impact on your family, and the defendant’s degree of fault. Building this kind of record takes time, which is exactly why contacting us early matters.

We handle wrongful death cases on a contingency fee basis. This means you pay no attorney fees unless we recover compensation for your family. You should never have to choose between pursuing justice and paying your bills during an already devastating time.

Our team also understands that wrongful death claims can intersect with other serious injury cases. Families dealing with a loved one who suffered a traumatic brain injury, severe burns, or catastrophic injuries before their death face overlapping legal questions about both survival actions and wrongful death claims. A survival action under CPRC Section 71.021 allows the estate to pursue the claims the deceased person would have had if they had survived, running alongside the wrongful death claim. We help families understand both paths and pursue every avenue of recovery available under Texas law.

If you lost a family member due to someone else’s negligence anywhere in the Denton, Dallas, or surrounding areas, call Chandler Ross Injury Attorneys at (940) 800-2500 for a free, no-obligation consultation. You deserve answers, and we are ready to provide them.

FAQs About Dallas Wrongful Death Lawyer in Denton, Texas

Can I file a wrongful death claim if criminal charges are also being filed against the person responsible?

Yes. Under Texas Civil Practice and Remedies Code Section 71.006, a wrongful death action is not blocked because the death was caused by a felonious act or because a criminal case is underway. Civil and criminal cases are separate legal proceedings. A criminal case seeks punishment for the offender, while a civil wrongful death claim seeks financial compensation for your family. You can pursue both at the same time, and the outcome of one does not automatically determine the outcome of the other.

What happens if the person responsible for my loved one’s death also dies before or during the lawsuit?

Your claim does not go away. Under CPRC Section 71.008, 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 substituted as the defendant. The case then proceeds as if the defendant were still alive, and any judgment in your favor is paid from the defendant’s estate in due course of administration. This protects your family’s right to compensation even in this unusual situation.

How is wrongful death compensation divided among multiple family members?

Under CPRC Section 71.010, the jury awards damages in an amount proportionate to the injury resulting from the death, and those damages are then divided among eligible beneficiaries in shares determined by the jury’s verdict. Texas does not require an equal split. Each beneficiary’s share reflects their individual loss, including their financial dependence on the deceased, the closeness of their relationship, and the mental anguish they suffered. If beneficiaries disagree on the distribution, the court can intervene to allocate funds fairly.

Does it matter if my loved one was partly at fault for the accident that caused their death?

Partial fault by the deceased can affect your claim under Texas’s modified comparative negligence rule. If the deceased is found to be 51% or more at fault, the family cannot recover damages. If the deceased is found to be 50% or less at fault, the compensation is reduced by that percentage of fault. For example, if a jury awards $500,000 but finds the deceased was 20% at fault, the family would receive $400,000. This is why having a thorough investigation and strong legal representation matters so much in wrongful death cases.

What is the difference between a wrongful death claim and a survival action in Texas?

These are two separate legal claims that can often be filed together. A wrongful death claim under CPRC Chapter 71, Subchapter A compensates the surviving family members, meaning the spouse, children, and parents, for their own losses caused by the death. A survival action under CPRC Section 71.021 allows the deceased person’s estate to pursue the claims the deceased would have had if they had lived, such as pain and suffering, lost wages before death, and medical bills incurred before death. The recovery from a survival action becomes part of the estate and is distributed to heirs, while wrongful death damages go directly to the eligible beneficiaries and are not subject to the deceased’s debts under CPRC Section 71.011.