personal injury lawyers<\/a> at Chandler Ross Injury Attorneys understand every layer of Chapter 71 and how to apply it to your family’s specific situation. We serve Trophy Club residents and handle these cases throughout Denton County.<\/p>\n\n\n\nWho Can File a Wrongful Death Claim in Texas<\/h2>\n\n\n\n
Not every family member has the legal right to file a wrongful death lawsuit in Texas. Texas Civil Practice and Remedies Code Section 71.004 limits the action to the surviving spouse, children, and parents of the deceased. These three groups have the exclusive right to bring the claim and to benefit from any recovery.<\/p>\n\n\n\n
Family members can file together in one lawsuit, or each may file separately. If none of the eligible family members file a claim within three months of the death, the executor or administrator of the deceased’s estate may bring the action on their behalf. This is an important backup option for families still in the early stages of grief who have not yet taken legal action.<\/p>\n\n\n\n
Trophy Club is a tight-knit community of roughly 13,500 residents near the southwestern edge of Grapevine Lake, and many households here are family-oriented, with a high percentage of married couples and children at home. Losing a spouse, parent, or child in this community can upend a family’s financial stability and emotional foundation in an instant.<\/p>\n\n\n\n
Texas law also defines “individual” broadly under Section 71.001, including an unborn child at every stage of gestation from fertilization until birth. This means parents who lose an unborn child due to someone else’s negligence may also have a wrongful death claim under Texas law.<\/p>\n\n\n\n
It is worth knowing that if the defendant dies while a wrongful death action is pending, or before the case is filed, the claim does not disappear. Under Section 71.008, the executor or administrator of the defendant’s estate can be named as the defendant, and the case moves forward as if the defendant were still alive.<\/p>\n\n\n\n
The Two-Year Deadline and Why Acting Fast Matters<\/h2>\n\n\n\n
Texas Civil Practice and Remedies Code Section 16.003 sets a two-year statute of limitations for wrongful death claims. The clock starts on the date of death, not the date of the accident or injury that led to the death. Miss this deadline, and Texas courts will almost certainly dismiss your case, regardless of how strong the evidence is.<\/p>\n\n\n\n
Two years can feel like a long time when you are grieving. In practice, it goes quickly. Building a strong wrongful death case requires collecting accident reports, medical records, witness statements, surveillance footage, and expert analysis. Evidence disappears. Witnesses forget details. Insurance companies begin their own investigations almost immediately, and they are not working in your favor.<\/p>\n\n\n\n
There are limited exceptions that can pause the two-year deadline. If a beneficiary is a minor, the statute of limitations does not begin until they turn 18. If the responsible party concealed the cause of death, the deadline may not start until the family discovers, or reasonably should have discovered, the true cause. Courts review these exceptions carefully, so you should not assume an extension applies without speaking to an attorney.<\/p>\n\n\n\n
Wrongful death cases in Trophy Club often involve situations that connect to other serious injury types, including catastrophic injuries, traumatic brain injuries, and burn injuries that prove fatal days or weeks after an accident. In those situations, the two-year window begins at death, not at the time of the original incident. Understanding that distinction can be the difference between a valid claim and a missed opportunity.<\/p>\n\n\n\n
Chandler Ross Injury Attorneys handles cases throughout Denton County, including Trophy Club, Roanoke, and the communities along Highway 114. Call (940) 800-2500 as soon as possible to protect your family’s legal rights.<\/p>\n\n\n\n
What Damages a Trophy Club Family Can Recover<\/h2>\n\n\n\n
Texas wrongful death law allows surviving family members to recover both economic and non-economic damages. Economic damages cover the financial losses the family suffers because their loved one is gone. Non-economic damages address the emotional and relational losses that cannot be assigned a dollar amount as easily, but are just as real.<\/p>\n\n\n\n
Economic damages in a wrongful death case can include the deceased’s lost future earnings and benefits, medical expenses incurred before death, and funeral and burial costs. For Trophy Club families, where the median household income is well above state and national averages, the loss of a primary earner can create severe financial hardship quickly.<\/p>\n\n\n\n
Non-economic damages include mental anguish suffered by the surviving family members, loss of companionship and society, and loss of the care and guidance the deceased would have provided. A parent who loses a child, or a child who loses a parent, suffers losses that go far beyond a paycheck. Texas law recognizes both types of harm.<\/p>\n\n\n\n
In cases involving gross negligence or a willful act, Section 71.009 opens the door to exemplary damages. For example, if a drunk driver on the roads near Trophy Club Drive or FM 1171 caused a fatal crash, the willful decision to drive impaired could support a claim for exemplary damages above and beyond the actual losses.<\/p>\n\n\n\n
Texas law also allows a separate survival action under Chapter 71, Subchapter B. A survival action is different from a wrongful death claim. It lets the deceased’s estate recover for the pain and suffering, medical costs, and other losses the deceased person experienced between the time of injury and death. These two claims, wrongful death and survival, can often be pursued together.<\/p>\n\n\n\n
How Chandler Ross Injury Attorneys Handles Trophy Club Wrongful Death Cases<\/h2>\n\n\n\n
Chandler Ross Injury Attorneys is based in Denton, Texas, just a short drive from Trophy Club along I-35W and Highway 114. We represent families in Denton County who have lost loved ones due to the negligence or wrongful conduct of others. Our firm handles wrongful death cases arising from car accidents, truck accidents, motorcycle crashes, pedestrian accidents, bicycle accidents, workplace injuries, premises liability incidents, and more.<\/p>\n\n\n\n
When you call us, we start with a free consultation. We listen to what happened, review the facts, and give you an honest assessment of your case. We do not charge any fees unless we recover compensation for your family. That means you can pursue justice without worrying about upfront legal costs during an already difficult time.<\/p>\n\n\n\n
We investigate thoroughly. We gather evidence, work with accident reconstruction experts when needed, obtain medical records, and identify all parties who may share liability. In some cases, more than one party is responsible. A commercial truck company, a property owner, or a manufacturer of a defective product may all bear some share of fault. We pursue every avenue of recovery on your family’s behalf.<\/p>\n\n\n\n
Wrongful death cases in the Denton County area are filed in the Denton County District Court, located at the Tim Cole Administration Building on West Hickory Street in Denton. Our team knows the local court system, the procedures, and what it takes to build a compelling case for a Trophy Club family.<\/p>\n\n\n\n
Every case is different, and past results in other cases do not guarantee the same outcome in yours. What we can promise is that we will work hard, keep you informed, and treat your family with the respect and care you deserve during one of the hardest times of your life. Call Chandler Ross Injury Attorneys at (940) 800-2500 or reach out online to get started.<\/p>\n\n\n\n
FAQs About Trophy Club Wrongful Death Claims<\/h2>\n\n\n\nWho is allowed to file a wrongful death lawsuit in Texas?<\/h3>\n\n\n\n
Under Texas Civil Practice and Remedies Code Section 71.004, only the surviving spouse, children, and parents of the deceased may file a wrongful death claim. If none of them file within three months of the death, the executor or administrator of the estate may bring the claim on their behalf. Siblings, grandparents, and other relatives do not have an independent right to file under Texas law.<\/p>\n\n\n\n
How long do I have to file a wrongful death claim in Trophy Club?<\/h3>\n\n\n\n
Texas Civil Practice and Remedies Code Section 16.003 gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. That deadline is strict. Courts rarely make exceptions, and missing it typically ends your ability to recover any compensation. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible to avoid losing your right to file.<\/p>\n\n\n\n
Can I recover damages for my own grief and emotional suffering?<\/h3>\n\n\n\n
Yes. Texas wrongful death law allows surviving family members to recover non-economic damages, including mental anguish, loss of companionship, and loss of the care and guidance the deceased would have provided. These damages are separate from economic losses like lost income and funeral costs, and they are a recognized and important part of what families can recover.<\/p>\n\n\n\n
What is the difference between a wrongful death claim and a survival action?<\/h3>\n\n\n\n
A wrongful death claim compensates surviving family members for their own losses caused by the death. A survival action, governed by Chapter 71, Subchapter B of the Texas Civil Practice and Remedies Code, allows the deceased’s estate to recover for losses the deceased personally suffered before death, such as pain and suffering, medical expenses, and lost earnings between the injury and the time of death. Both claims can often be filed together.<\/p>\n\n\n\n
What if the person responsible for the death also died?<\/h3>\n\n\n\n
Your claim does not disappear. Under Texas Civil Practice and Remedies Code Section 71.008, if the defendant dies before or during the lawsuit, the executor or administrator of the defendant’s estate can be substituted as the defendant. The case proceeds as if the defendant were still alive, and any judgment in your favor is paid through the defendant’s estate.<\/p>\n\n\n\n