personal injury lawyers<\/a> at Chandler Ross Injury Attorneys can help your family understand your legal standing and guide you through every step of the process. Call us at (940) 800-2500.<\/p>\n\n\n\nThe Two-Year Deadline Texas Families Must Know<\/h2>\n\n\n\n
Texas imposes a strict time limit on wrongful death claims. Under Texas Civil Practice and Remedies Code Section 16.003, families generally have two years from the date of their loved one’s death to file a wrongful death lawsuit. Missing this deadline almost always results in the court dismissing the case entirely, regardless of how strong the evidence is.<\/p>\n\n\n\n
The clock starts running from the date of death, not the date of the accident or injury that caused it. So if a loved one was injured in a crash on U.S. Highway 380 near Paloma Creek or in the Savannah subdivision and survived for several weeks before passing, the two-year period begins on the date they died, not the date of the crash.<\/p>\n\n\n\n
Certain exceptions can extend this deadline. If a qualifying family member is a minor child, the statute of limitations may not begin to run until that child turns 18. If the cause of death was not immediately known or was concealed, the discovery rule may apply, meaning the clock starts when the family discovered or reasonably should have discovered the cause. These exceptions are narrow, and courts review them carefully.<\/p>\n\n\n\n
Two years may feel like a long time when you are grieving, but wrongful death cases require substantial investigation. Evidence must be gathered, witnesses must be located, accident reconstruction may be needed, and expert witnesses may need to be retained. Under the standard established in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), expert testimony used in federal proceedings must meet specific reliability standards, and Texas courts apply similar scrutiny. Building a solid case takes time, and starting early gives your legal team the best opportunity to preserve critical evidence.<\/p>\n\n\n\n
Do not wait to contact Chandler Ross Injury Attorneys. The sooner you reach out, the more time we have to build the strongest possible case for your family. Call (940) 800-2500 today.<\/p>\n\n\n\n
What Damages Are Available in an Aubrey Wrongful Death Case<\/h2>\n\n\n\n
Texas law allows surviving family members to recover several categories of damages in a wrongful death case. These damages are meant to compensate the family for the real losses they suffer as a result of their loved one’s death, both financial and personal.<\/p>\n\n\n\n
Financial damages include the loss of the deceased person’s income and the financial contributions they would have made to the family over their lifetime. If a parent who commuted daily along U.S. 380 into Denton or down toward Frisco was killed in a truck accident, the family loses not just their income but also the financial value of services they provided, such as childcare, home maintenance, and other contributions to the household.<\/p>\n\n\n\n
Texas also allows recovery for non-economic losses. These include the loss of companionship, care, guidance, and emotional support that the deceased provided to their spouse, children, or parents. The grief and mental anguish suffered by surviving family members is also compensable under Texas law. These losses are real, even if they are harder to assign a dollar value to than lost wages.<\/p>\n\n\n\n
In cases involving especially reckless conduct, such as a drunk driving accident or a situation where an employer knowingly ignored safety hazards on a construction site, Section 71.009 of the Texas Civil Practice and Remedies Code permits the recovery of exemplary damages. These are awarded in addition to actual damages and are meant to punish the defendant for willful or grossly negligent behavior.<\/p>\n\n\n\n
Under Section 71.010, the jury determines the total damages and divides them among the eligible beneficiaries. Damages recovered are also protected from the deceased’s creditors under Section 71.011, meaning the money goes to the family rather than to pay off debts. Every case is different, and the specific damages available depend on the facts involved. Chandler Ross Injury Attorneys can evaluate your situation and help your family understand what types of compensation may be available. Call us at (940) 800-2500.<\/p>\n\n\n\n
How Chandler Ross Injury Attorneys Supports Aubrey Families After a Wrongful Death<\/h2>\n\n\n\n
Chandler Ross Injury Attorneys serves families in Aubrey and throughout Denton County from our office in Denton, Texas. Aubrey is a fast-growing community, and with that growth comes more traffic on U.S. Highway 380, more commercial vehicles on FM 2931 and FM 428, and more construction activity throughout the area. Tragically, that also means more opportunities for fatal accidents caused by negligent drivers, careless employers, and dangerous property conditions.<\/p>\n\n\n\n
When a family comes to us after losing a loved one, we start by conducting a thorough investigation. We gather police reports, medical records, witness statements, and any available surveillance footage. In cases involving commercial trucks, we may pursue data from electronic logging devices and trucking company records. In workplace fatalities, we examine safety records and OSHA documentation. We build a complete picture of what happened and who is responsible.<\/p>\n\n\n\n
We handle the legal work so your family can focus on healing. That means communicating with insurance companies, responding to legal filings, and preparing for trial if a fair settlement cannot be reached. Cases filed in Denton County are handled through the Denton County courts, and our attorneys are familiar with how those courts operate.<\/p>\n\n\n\n
We work on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family. There is no financial risk in calling us to discuss your case. We understand that no amount of money can replace your loved one, and we do not make promises about specific outcomes because every case is different. What we do promise is that we will work hard for your family and pursue every legal avenue available under Texas law.<\/p>\n\n\n\n
If your family has lost someone due to another party’s negligence in Aubrey, near the Paloma Creek neighborhoods, along U.S. 380, or anywhere else in Denton County, contact Chandler Ross Injury Attorneys at (940) 800-2500. We are here to help.<\/p>\n\n\n\n
FAQs About Aubrey Wrongful Death Lawyer<\/h2>\n\n\n\nWho qualifies to file a wrongful death lawsuit in Texas?<\/h3>\n\n\n\n
Under Texas Civil Practice and Remedies Code Section 71.004, the surviving spouse, children, and parents of the deceased have the right to file a wrongful death claim. These family members can file together or separately. If none of them file within three months of the death, the executor or administrator of the estate may bring the claim on behalf of the estate. Siblings and other relatives generally do not have standing to file under Texas law.<\/p>\n\n\n\n
How long do I have to file a wrongful death claim in Aubrey, Texas?<\/h3>\n\n\n\n
Texas Civil Practice and Remedies Code Section 16.003 gives families two years from the date of death to file a wrongful death lawsuit. The clock starts on the date of death, not the date of the accident or injury that caused it. Certain exceptions, such as a claimant being a minor or the cause of death being concealed, can extend this deadline in limited circumstances. Acting quickly is important because building a strong case takes time and evidence can become harder to obtain as time passes.<\/p>\n\n\n\n
What types of incidents can lead to a wrongful death claim in Aubrey?<\/h3>\n\n\n\n
Any death caused by another party’s wrongful act, negligence, carelessness, or default can support a wrongful death claim under Texas law. Common examples include fatal car and truck accidents on U.S. Highway 380 or FM 2931, construction site deaths, workplace injuries, pedestrian accidents, premises liability incidents, and deaths caused by drunk drivers. The key is that someone else’s wrongful conduct must have caused or contributed to the death.<\/p>\n\n\n\n
Can I recover damages for emotional suffering in a Texas wrongful death case?<\/h3>\n\n\n\n
Yes. Texas law allows surviving family members to recover for non-economic losses, including mental anguish, loss of companionship, loss of guidance, and loss of emotional support. These damages are in addition to financial losses like lost income and the value of services the deceased provided to the household. In cases involving gross negligence or willful conduct, Section 71.009 of the Texas Civil Practice and Remedies Code also permits the recovery of exemplary damages.<\/p>\n\n\n\n
Do I have to pay upfront legal fees to hire Chandler Ross Injury Attorneys for a wrongful death case?<\/h3>\n\n\n\n
No. Chandler Ross Injury Attorneys handles wrongful death cases on a contingency fee basis. That means you pay no attorney fees unless your family recovers compensation. There is no financial risk in calling us to discuss your situation. You can reach our team at (940) 800-2500 for a free consultation. Every case is evaluated based on its own facts, and we make no guarantees about specific outcomes, but we are committed to pursuing every available legal avenue for your family.<\/p>\n\n\n\n
Content prepared by Chandler Ross Injury Attorneys, principal office located in Denton, Texas. Chandler Ross Injury Attorneys is a Texas law firm. Attorney advertising. Past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts and applicable law.<\/em><\/p>\n\n\n\n