{"id":21002,"date":"2026-04-20T22:55:01","date_gmt":"2026-04-20T22:55:01","guid":{"rendered":"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-wrongful-death-attorney\/"},"modified":"2026-04-20T22:58:58","modified_gmt":"2026-04-20T22:58:58","slug":"abogado-especializado-en-casos-de-homicidio-culposo-en-wichita-falls","status":"publish","type":"page","link":"https:\/\/www.chandlerrosslaw.com\/es\/wichita-falls-personal-injury-lawyer\/wichita-falls-wrongful-death-attorney\/","title":{"rendered":"Abogado especializado en casos de muerte por negligencia en Wichita Falls"},"content":{"rendered":"\n<p>Losing a family member to someone else&#8217;s negligence is one of the most painful experiences a family can face. When that loss happens in Wichita Falls, whether on I-44 near Sheppard Air Force Base, along Kemp Boulevard, or out on U.S. Highway 287, the grief is compounded by the financial and legal pressures that follow. A wrongful death claim gives your family the legal right to hold the responsible party accountable. At Chandler Ross Injury Attorneys, our <a href=\"https:\/\/www.chandlerrosslaw.com\/\">personal injury lawyers<\/a> serve families throughout the Wichita Falls area from our office in Denton, Texas, and we are ready to help you understand your rights under Texas law.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Table of Contents<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"#what-texas-law-defines-as-a-wrongful-death-claim\">What Texas Law Defines as a Wrongful Death Claim<\/a><\/li>\n<li><a href=\"#who-has-the-right-to-file-a-wrongful-death-lawsuit-in-texas\">Who Has the Right to File a Wrongful Death Lawsuit in Texas<\/a><\/li>\n<li><a href=\"#the-damages-your-family-can-recover-under-the-texas-wrongful-death-act\">The Damages Your Family Can Recover Under the Texas Wrongful Death Act<\/a><\/li>\n<li><a href=\"#the-wrongful-death-statute-of-limitations-in-texas-and-why-timing-matters\">The Wrongful Death Statute of Limitations in Texas and Why Timing Matters<\/a><\/li>\n<li><a href=\"#how-chandler-ross-injury-attorneys-builds-and-pursues-your-wrongful-death-case\">How Chandler Ross Injury Attorneys Builds and Pursues Your Wrongful Death Case<\/a><\/li>\n<li><a href=\"#faqs-about-wichita-falls-wrongful-death-attorney\">FAQs About Wichita Falls Wrongful Death Attorney<\/a><\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-texas-law-defines-as-a-wrongful-death-claim\">What Texas Law Defines as a Wrongful Death Claim<\/h2>\n\n\n\n<p>A wrongful death claim is a civil lawsuit that allows surviving family members to seek compensation when someone&#8217;s negligent or wrongful act causes another person&#8217;s death. This is not a criminal case. It runs parallel to, and completely separate from, any criminal charges the at-fault party may face.<\/p>\n\n\n\n<p>Under Texas Civil Practice and Remedies Code Section 71.002, a person is liable for damages arising from an injury that causes an individual&#8217;s death if that injury was caused by the person&#8217;s wrongful act, neglect, carelessness, unskillfulness, or default. That language is broad by design. It covers car accidents on Southwest Parkway, truck crashes on U.S. 281, workplace injuries at industrial facilities near Wichita Falls Regional Airport, construction site accidents, and even nursing home abuse cases where neglect leads to a resident&#8217;s death.<\/p>\n\n\n\n<p>The law also covers situations involving agents or employees. If a company&#8217;s truck driver causes a fatal collision on I-44, the company itself can be held responsible under the same statute. This matters because corporate defendants often carry much larger insurance policies than individual drivers.<\/p>\n\n\n\n<p>Texas Civil Practice and Remedies Code Section 71.003 sets one important condition: a wrongful death claim can only be brought if the deceased person would have had the right to file a personal injury lawsuit had they survived. In other words, the claim is tied to the decedent&#8217;s own legal rights. If the at-fault party had a valid defense against the injured person, that same defense applies to the wrongful death claim.<\/p>\n\n\n\n<p>Under CPRC Section 71.009, when a death is caused by the willful act, omission, or gross negligence of the defendant, the family may recover exemplary damages, also called punitive damages, in addition to actual damages. These are designed to punish particularly reckless behavior and can significantly increase the total recovery in cases involving drunk driving or deliberate misconduct.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"who-has-the-right-to-file-a-wrongful-death-lawsuit-in-texas\">Who Has the Right to File a Wrongful Death Lawsuit in Texas<\/h2>\n\n\n\n<p>Texas law strictly limits who can bring a wrongful death action. Under Texas Civil Practice and Remedies Code Section 71.004(a), only the surviving spouse, children, and parents of the deceased have the right to file. Siblings, grandparents, cousins, and close friends do not have standing under this statute, even if they were deeply close to the person who died.<\/p>\n\n\n\n<p>This limitation is one reason families in Wichita Falls need to act quickly and work with an attorney who knows how these claims are structured. When multiple eligible family members exist, they can file jointly or one can file on behalf of all. Under Section 71.004(b), one or more entitled individuals may bring the action for all beneficiaries.<\/p>\n\n\n\n<p>If none of the eligible family members file a claim within three calendar months of the death, the executor or administrator of the deceased&#8217;s estate is required to bring the action on behalf of the beneficiaries, unless all beneficiaries instruct otherwise. This is outlined in Section 71.004(c). That three-month window does not replace the overall statute of limitations. It simply triggers the estate representative&#8217;s duty to act.<\/p>\n\n\n\n<p>Biological and legally adopted children qualify. Stepchildren who were not legally adopted do not have standing under the Texas Wrongful Death Act. Natural and adoptive parents may recover for the wrongful death of a child, including an adult child. Texas courts also recognize common-law marriages, so a surviving common-law spouse may qualify as a beneficiary, though proving that relationship requires supporting evidence.<\/p>\n\n\n\n<p>If you are unsure whether you qualify to file, call Chandler Ross Injury Attorneys at (940) 800-2500. We will review your family&#8217;s situation at no cost and give you a direct answer.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"the-damages-your-family-can-recover-under-the-texas-wrongful-death-act\">The Damages Your Family Can Recover Under the Texas Wrongful Death Act<\/h2>\n\n\n\n<p>Texas law allows wrongful death beneficiaries to recover both economic and non-economic damages. The goal is to compensate your family for the real losses you have suffered, not just the financial ones.<\/p>\n\n\n\n<p>Economic damages include the deceased person&#8217;s lost future earning capacity, the financial support they would have provided to the family, and the value of household services they performed. For example, if a parent who worked in the oil and gas industry near Wichita Falls was killed in a workplace accident, the family can present evidence of that person&#8217;s expected career earnings over their remaining work life. Medical bills and funeral expenses are also recoverable.<\/p>\n\n\n\n<p>Non-economic damages cover the losses that do not come with a receipt. These include loss of companionship, loss of care and guidance, mental anguish, and grief suffered by the surviving family members. For a surviving spouse, this includes the loss of consortium, meaning the loss of the emotional and physical relationship with their partner. For surviving children, it includes the loss of a parent&#8217;s guidance and nurturing.<\/p>\n\n\n\n<p>Under CPRC Section 71.010, a jury may award damages in an amount proportionate to the injury resulting from the death, and those damages are divided among entitled beneficiaries in shares the jury determines. Importantly, under Section 71.011, damages recovered in a wrongful death action are not subject to the debts of the deceased. Creditors cannot claim the money your family recovers. That protection belongs to the living beneficiaries alone.<\/p>\n\n\n\n<p>When the death was caused by gross negligence or a willful act, such as a drunk driving crash on Kell Freeway, the family may also seek exemplary damages under CPRC Section 71.009. Every case is different, and past results in other cases do not guarantee the same outcome in yours. What matters is the specific facts, the strength of the evidence, and how well your claim is built.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"the-wrongful-death-statute-of-limitations-in-texas-and-why-timing-matters\">The Wrongful Death Statute of Limitations in Texas and Why Timing Matters<\/h2>\n\n\n\n<p>Texas imposes a firm two-year deadline for filing a wrongful death lawsuit. Under CPRC Section 16.003, that clock generally starts running on the date of the person&#8217;s death. Miss that deadline and the court will almost certainly dismiss the case, no matter how strong the evidence is.<\/p>\n\n\n\n<p>Two years sounds like a long time. It is not. Gathering evidence in a fatal accident case takes months. Accident reconstruction experts need time to analyze crash data. Medical records must be collected and reviewed. Witnesses need to be located and interviewed before memories fade. In truck accident cases near Wichita Falls, for example, electronic logging device data and dashcam footage may be overwritten within weeks if not preserved through a legal hold letter.<\/p>\n\n\n\n<p>There are limited exceptions to the two-year rule. If a minor child is one of the beneficiaries, the statute of limitations on that child&#8217;s individual claim may be tolled, meaning paused, until they reach the age of majority under CPRC Section 16.001(a)(1). However, this tolling applies only to the minor&#8217;s own claim and does not extend the deadline for adult co-beneficiaries. Each beneficiary&#8217;s deadline is calculated separately.<\/p>\n\n\n\n<p>The discovery rule, which allows some personal injury deadlines to start when the injury is discovered rather than when it occurred, generally does not apply to Texas wrongful death and survival actions. The two-year period is absolute from the date of death in most cases.<\/p>\n\n\n\n<p>If the defendant in your case dies before or during the lawsuit, CPRC Section 71.008 allows the action to continue against the executor or administrator of the defendant&#8217;s estate. The claim does not die with the at-fault party. Do not wait to get legal help. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your loss.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"how-chandler-ross-injury-attorneys-builds-and-pursues-your-wrongful-death-case\">How Chandler Ross Injury Attorneys Builds and Pursues Your Wrongful Death Case<\/h2>\n\n\n\n<p>Chandler Ross Injury Attorneys handles wrongful death cases for families throughout the Wichita Falls area, including those involving car accidents, truck collisions, oil rig injuries, construction site deaths, pedestrian fatalities, and premises liability incidents. Our firm is based in Denton, Texas, and our attorneys are licensed to practice in Texas.<\/p>\n\n\n\n<p>Building a wrongful death case starts with a thorough investigation. We gather the Texas Department of Transportation crash records, police reports from the Wichita Falls Police Department, witness statements, and physical evidence from the scene. In commercial vehicle cases, we issue legal preservation notices to protect data from the truck&#8217;s black box and onboard cameras before it disappears. In workplace death cases, we examine OSHA investigation records and employer safety logs.<\/p>\n\n\n\n<p>We work with qualified experts, including accident reconstructionists, economists, and medical professionals, to document the full scope of your family&#8217;s losses. This includes calculating future lost income, the value of lost household services, and the long-term emotional impact on surviving family members. That documentation becomes the foundation of your claim in negotiations with the insurance company or, if necessary, at trial in the 89th District Court of Wichita County.<\/p>\n\n\n\n<p>We also evaluate whether a survival action under CPRC Section 71.021 should be filed alongside the wrongful death claim. A survival action is separate and distinct from a wrongful death claim. It allows the estate to recover for the pain and suffering, medical bills, and other losses the deceased person personally experienced before death. Filing both claims together can maximize the total recovery for your family.<\/p>\n\n\n\n<p>Chandler Ross Injury Attorneys takes wrongful death cases on a contingency fee basis. You pay nothing unless we recover compensation for your family. To speak with our team, call (940) 800-2500 or reach out through our website. We serve families in Wichita Falls, Denton, and communities across North Texas, and we are ready to fight for the accountability your family deserves.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"faqs-about-wichita-falls-wrongful-death-attorney\">FAQs About Wichita Falls Wrongful Death Attorney<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Can I file a wrongful death claim if my loved one also contributed to the accident?<\/h3>\n\n\n\n<p>Yes, you can still file a claim in Texas even if your loved one was partially at fault. Texas follows a modified comparative fault rule under Civil Practice and Remedies Code Section 33.001. As long as the deceased person was not more than 50 percent responsible for the accident, the family can still recover damages. The total recovery is reduced by the percentage of fault assigned to the deceased. For example, if your loved one was found 20 percent at fault, your family&#8217;s damages are reduced by 20 percent. An attorney can help you understand how fault allocation may affect your specific case.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What is the difference between a wrongful death claim and a survival action in Texas?<\/h3>\n\n\n\n<p>A wrongful death claim compensates the surviving family members, specifically the spouse, children, and parents, for their own losses caused by the death. A survival action, governed by CPRC Section 71.021, belongs to the deceased person&#8217;s estate and covers losses the person suffered before they died, such as medical bills, pain and suffering, and lost wages between the injury and death. Both claims can arise from the same fatal incident and are often filed together. The survival action recovery goes to the estate, while wrongful death damages go directly to the beneficiaries and are protected from the deceased&#8217;s debts.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">How long does a wrongful death case in Wichita Falls typically take to resolve?<\/h3>\n\n\n\n<p>The timeline varies depending on the facts of the case. Some cases settle within several months after the investigation is complete and liability is clear. Others, particularly those involving disputed fault, multiple defendants, or complex damages, may take one to two years or longer to resolve, especially if the case goes to trial in Wichita County District Court. Acting early gives your attorney the time needed to build the strongest possible case without rushing. Waiting too long risks losing critical evidence and can put you close to the two-year filing deadline.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What if the person responsible for my family member&#8217;s death was a company or employer?<\/h3>\n\n\n\n<p>Companies and employers can be held liable for wrongful deaths caused by their employees or agents under Texas law. Under CPRC Section 71.002, liability extends to owners, operators, and those in control of vehicles, machinery, or industrial plants when their negligence or that of their agents causes a fatal injury. This is common in truck accident cases, oil field accidents near Wichita Falls, and construction site deaths. Corporate defendants often have larger insurance policies and legal teams, which is why having an experienced attorney on your side from the start makes a significant difference in the outcome.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Does Chandler Ross Injury Attorneys charge upfront fees for wrongful death cases?<\/h3>\n\n\n\n<p>No. Chandler Ross Injury Attorneys handles wrongful death cases on a contingency fee basis, which means your family pays no attorney fees unless we recover compensation for you. There are no upfront costs and no out-of-pocket expenses during the case. This arrangement allows families in Wichita Falls and across North Texas to access legal representation regardless of their financial situation. To get started, call us at (940) 800-2500 for a free consultation. We will review your case, explain your options, and let you know exactly what to expect going forward.<\/p>\n\n\n\n<script type=\"application\/ld+json\">{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"Can I file a wrongful death claim if my loved one also contributed to the accident?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Yes, you can still file a claim in Texas even if your loved one was partially at fault. Texas follows a modified comparative fault rule under Civil Practice and Remedies Code Section 33.001. As long as the deceased person was not more than 50 percent responsible for the accident, the family can still recover damages. The total recovery is reduced by the percentage of fault assigned to the deceased. For example, if your loved one was found 20 percent at fault, your family's damages are reduced by 20 percent. 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We will review your case, explain your options, and let you know exactly what to expect going forward.\"}}]}<\/script>\n\n\n<h2 class=\"wp-block-heading\">More Resources for Wichita Falls, TX<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-car-accident-lawyer\/\">Wichita Falls Car Accident Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-truck-accident-attorney\/\">Wichita Falls Truck Accident Attorney<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-amazon-truck-accident-lawyer\/\">Wichita Falls Amazon Truck Accident Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-fedex-truck-accident-attorney\/\">Wichita Falls FedEx Truck Accident Attorney<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-ups-truck-accident-lawyer\/\">Wichita Falls UPS Truck Accident Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-u-haul-truck-accident-attorney\/\">Wichita Falls U-Haul Truck Accident Attorney<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-motorcycle-accident-lawyer\/\">Wichita Falls Motorcycle Accident Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-uber-accident-attorney\/\">Wichita Falls Uber Accident Attorney<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-lyft-accident-lawyer\/\">Wichita Falls Lyft Accident Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-dog-bite-attorney\/\">Wichita Falls Dog Bite Attorney<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-workplace-injury-lawyer\/\">Wichita Falls Workplace Injury Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-oil-rig-injury-attorney\/\">Wichita Falls Oil Rig Injury Attorney<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-construction-accident-lawyer\/\">Wichita Falls Construction Accident Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-slip-and-fall-attorney\/\">Wichita Falls Slip and Fall Attorney<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-premises-liability-lawyer\/\">Wichita Falls Premises Liability Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-drunk-driving-accident-attorney\/\">Wichita Falls Drunk Driving Accident Attorney<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-pedestrian-accident-lawyer\/\">Wichita Falls Pedestrian Accident Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-bicycle-accident-attorney\/\">Wichita Falls Bicycle Accident Attorney<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-catastrophic-injury-lawyer\/\">Wichita Falls Catastrophic Injury Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-traumatic-brain-injury-attorney\/\">Wichita Falls Traumatic Brain Injury Attorney<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-burn-injury-lawyer\/\">Wichita Falls Burn Injury Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-nursing-home-abuse-lawyer\/\">Wichita Falls Nursing Home Abuse Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/wichita-falls-personal-injury-lawyer\/wichita-falls-negligent-security-attorney\/\">Wichita Falls Negligent Security Attorney<\/a><\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Perder a un ser querido a causa de la negligencia de otra persona es una de las experiencias m\u00e1s dolorosas a las que puede enfrentarse una familia. Cuando esa p\u00e9rdida ocurre en Wichita Falls, ya sea en la I-44 cerca de la Base A\u00e9rea Sheppard, a lo largo de Kemp Boulevard o en la Carretera Nacional 287, el dolor se ve agravado por las presiones econ\u00f3micas y legales que se derivan de ello\u2026<\/p>","protected":false},"author":6,"featured_media":0,"parent":20980,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-21002","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/pages\/21002","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/comments?post=21002"}],"version-history":[{"count":1,"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/pages\/21002\/revisions"}],"predecessor-version":[{"id":21026,"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/pages\/21002\/revisions\/21026"}],"up":[{"embeddable":true,"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/pages\/20980"}],"wp:attachment":[{"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/media?parent=21002"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}