Frisco Wrongful Death Attorney

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Losing a family member because of someone else’s careless or reckless actions is one of the most painful experiences a person can face. The grief is real, and it does not come with a pause button. At the same time, Texas law gives your family specific legal rights, and those rights have deadlines attached to them. Chandler Ross Injury Attorneys serves families in Frisco and throughout the greater Denton, Texas area who need to understand those rights and act on them before time runs out. If someone you love was killed due to another person’s negligence, you may have a wrongful death claim worth pursuing. Our firm handles serious personal injury and wrongful death cases throughout the region, and we are ready to help your family seek accountability and financial recovery. Call us at (940) 800-2500 for a free, no-obligation consultation.

Table of Contents

What Texas Law Says About Wrongful Death Claims

Texas law gives surviving family members the right to sue when a loved one is killed by another person’s wrongful act. That right comes from Chapter 71 of the Texas Civil Practice and Remedies Code, which is the state’s Wrongful Death Act. Under Texas Civil Practice and Remedies Code Section 71.002, a person is liable for damages arising from an injury that causes an individual’s death when that injury was caused by the person’s wrongful act, neglect, carelessness, unskillfulness, or default.

This statute covers a wide range of fatal accidents. Car crashes, truck accidents, drunk driving collisions, slip and fall deaths, workplace accidents, and nursing home negligence can all give rise to a wrongful death claim under Chapter 71. The type of accident matters less than whether negligence caused the death.

Section 71.004 of the same code limits who can file. Only the surviving spouse, children, and parents of the deceased have the right to bring a wrongful death action. Siblings, cousins, and other relatives do not qualify under the statute. If none of the qualifying family members file within three months of the death, the estate’s executor or administrator may file on their behalf, unless all beneficiaries request otherwise.

Texas Civil Practice and Remedies Code Section 71.009 also allows for exemplary damages, which are sometimes called punitive damages, when the death was caused by a willful act, willful omission, or gross negligence. So if a drunk driver killed your family member, or a trucking company knowingly put an unsafe driver on the road, the court may award damages beyond the basic financial losses your family suffered.

The damages your family receives are divided among the qualifying beneficiaries in shares determined by the jury, as set out in Section 71.010. Those damages are also protected from the deceased’s creditors under Section 71.011, meaning the money goes to the family, not to pay off the deceased’s debts.

How Wrongful Death Cases Arise on Frisco Roads and Beyond

Frisco is one of the fastest-growing cities in the United States, and with that growth comes increased traffic and, unfortunately, more serious accidents. Roads like Preston Road (SH 289), US 380, Lebanon Road, and the Dallas North Tollway see heavy daily traffic from both local residents and commuters passing through Collin and Denton counties. Fatal crashes happen on these corridors with troubling regularity.

According to the Texas Department of Transportation’s 2024 Motor Vehicle Traffic Crash Facts report, Texas recorded 4,150 traffic fatalities in 2024. Alcohol-impaired drivers were responsible for 1,053 of those deaths, accounting for more than 25 percent of all traffic fatalities statewide. Distracted driving contributed to an additional 380 deaths that same year.

Wrongful death claims in the Frisco area arise from many types of accidents. Drunk driving crashes are among the most common causes of fatal collisions near the Dallas North Tollway and along US 380. Commercial truck accidents on major freight corridors also claim lives. Pedestrian and bicycle fatalities occur near busy intersections throughout the city. Workplace accidents at construction sites and industrial facilities around the region also give rise to wrongful death claims.

The families affected by these tragedies deserve answers and accountability. When negligence takes a life, the law does not require the surviving family to simply absorb the financial and emotional loss. A wrongful death claim allows the family to pursue compensation for lost income, loss of companionship, mental anguish, and other damages tied directly to the loss of their loved one. Families in Frisco, Denton, Little Elm, and across the surrounding area have options, and Chandler Ross Injury Attorneys is here to walk through those options with you.

The Difference Between a Wrongful Death Claim and a Survival Action

Texas law recognizes two separate types of claims when someone dies due to another party’s negligence. Understanding the difference matters because both claims can apply to the same death, and they cover different categories of damages.

A wrongful death claim, governed by Texas Civil Practice and Remedies Code Chapter 71, Subchapter A, belongs to the surviving family members. It compensates the spouse, children, and parents for their own losses resulting from the death. Those losses include lost financial support, loss of companionship and society, loss of parental guidance, and the mental anguish of grieving a loved one taken too soon.

A survival action is different. It belongs to the deceased person’s estate and continues the legal claim the deceased would have had if they had lived. Under Texas Civil Practice and Remedies Code Section 71.021, the estate can recover damages the deceased suffered before death, including medical expenses, physical pain and suffering, and lost wages from the time of injury to the time of death. Think of it this way: if your family member survived for several days in the hospital after a crash before passing away, the survival action captures the damages from that period.

Both claims can be filed together. In fact, most wrongful death cases in Texas include a parallel survival action because doing so maximizes the total recovery available to the family and the estate. The two claims run on different legal tracks, and the damages do not overlap. Experienced personal injury lawyers know how to build and pursue both claims simultaneously, which is critical when the facts support recovery on both fronts.

If you lost a loved one near the Frisco area, whether on SH 121, near the Stonebriar Centre area, or anywhere along the Dallas Parkway corridor, both of these claims may apply to your situation. Chandler Ross Injury Attorneys can evaluate which claims fit your case and pursue all available avenues of recovery on your behalf.

The Filing Deadline for Wrongful Death Claims in Texas

Texas imposes a strict deadline for filing wrongful death lawsuits. Under Texas Civil Practice and Remedies Code Section 16.003(b), a wrongful death claim must be filed within two years of the date of death. The clock starts on the day your loved one passed away, not the date of the accident or injury that caused the death.

Missing this deadline almost always results in the court dismissing the case entirely. No amount of compelling evidence or strong facts will save a claim filed after the two-year window has closed. The courts apply this rule firmly.

There are limited exceptions that can pause, or “toll,” the statute of limitations. If a surviving beneficiary is a minor child, the clock on that child’s individual claim may be tolled until they turn 18. If the responsible party fraudulently concealed their role in causing the death, a court may extend the filing period. A beneficiary who was legally incapacitated at the time of death may also receive additional time.

These exceptions do not apply automatically. A court must evaluate the specific facts before granting any extension. Relying on an exception without legal guidance is a serious risk.

There is also a practical reason to act quickly beyond the legal deadline. Evidence disappears. Witnesses move. Surveillance footage gets deleted. Crash scene data gets overwritten. The sooner your family contacts an attorney, the better the chances of preserving the evidence needed to support your claim. Whether the death happened near the Collin County Courthouse in McKinney, along I-35E near Denton, or on a local road in Frisco, the investigation needs to start as soon as possible.

Call Chandler Ross Injury Attorneys at (940) 800-2500 today. Do not wait until the deadline is close to get legal help. Your family’s right to pursue justice has an expiration date, and acting early protects that right.

What Damages a Frisco Wrongful Death Attorney Can Help You Recover

Texas wrongful death law allows the surviving family to seek compensation for both economic and non-economic losses. The jury determines the amount of damages proportionate to the injury resulting from the death, as set out in Texas Civil Practice and Remedies Code Section 71.010.

Economic damages cover the financial impact of the loss. These include the deceased’s lost earnings and future earning capacity, the value of household services the deceased provided, and funeral and burial expenses. If the deceased was the primary breadwinner for the family, the lost income calculation can represent a substantial portion of the total recovery.

Non-economic damages cover the personal and emotional losses the family suffers. Texas law allows the surviving spouse, children, and parents to recover for loss of companionship and society, loss of parental guidance and instruction, and the mental anguish caused by the death. These damages acknowledge that a human life is worth far more than a paycheck.

When the death was caused by gross negligence or a willful act, Section 71.009 of the Texas Civil Practice and Remedies Code also allows the court to award exemplary damages. A drunk driver who kills someone on the Dallas North Tollway, a trucking company that ignores federal safety regulations, or a negligent property owner near Frisco’s Panther Creek area could face punitive damages on top of the compensatory award.

It is also worth noting that damages recovered in a wrongful death action are not subject to the deceased’s debts under Section 71.011. The money belongs to the family, not to creditors.

Every wrongful death case is different. The facts, the parties involved, and the specific losses your family suffered all affect the value of a potential claim. Past results in other cases do not guarantee any particular outcome in your case. What Chandler Ross Injury Attorneys can promise is a thorough investigation, honest advice, and aggressive representation aimed at achieving the best possible outcome for your family. Call us at (940) 800-2500 to talk about your situation.

FAQs About Frisco Wrongful Death Attorney

Who can file a wrongful death lawsuit in Texas?

Under Texas Civil Practice and Remedies Code Section 71.004, only the surviving spouse, children, and parents of the deceased may file or benefit from a wrongful death claim. Siblings and other relatives do not qualify under the statute. If none of those qualifying family members file within three months of the death, the estate’s executor or administrator may bring the action on their behalf, unless all beneficiaries instruct otherwise.

How long do I have to file a wrongful death claim in Frisco, Texas?

Texas Civil Practice and Remedies Code Section 16.003(b) 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. Missing this deadline almost always bars the family from pursuing any compensation. Limited exceptions exist for minor beneficiaries, fraudulent concealment, and legal incapacitation, but those exceptions require court approval and are not automatic.

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

A wrongful death claim belongs to the surviving family members and compensates them for their own losses, such as lost financial support, loss of companionship, and mental anguish. A survival action belongs to the deceased’s estate and covers damages the deceased suffered before death, including medical expenses, pain and suffering, and lost wages from the time of injury to the time of death. Both claims can be filed together in the same lawsuit, and doing so typically maximizes the total recovery available to the family.

Can I still file a wrongful death claim if the at-fault party was also charged with a crime?

Yes. Texas Civil Practice and Remedies Code Section 71.006 states that a wrongful death action is not barred because the death was caused by a felonious act, and a civil claim can proceed even if there is a parallel criminal case. The criminal case and the civil wrongful death lawsuit are separate proceedings with different legal standards. A criminal conviction can actually strengthen your civil case, but it is not required for your family to win a wrongful death claim.

What if the person responsible for the death passed away before a lawsuit was filed?

Texas law addresses this directly. Under Texas Civil Practice and Remedies Code Section 71.008, if the defendant dies before or during a wrongful death lawsuit, the executor or administrator of the defendant’s estate can be substituted as the defendant, and the case can continue as if the defendant were still alive. A judgment in favor of the plaintiff is then paid through the defendant’s estate in the normal course of administration. This means the death of the at-fault party does not automatically end your family’s right to pursue compensation.

Content is responsible attorney: Chandler Ross, Chandler Ross Injury Attorneys, principal office located in Denton, Texas. Attorney licensed in Texas. Results in any individual case depend on the specific facts and law applicable to that case. No past result described or implied on this page guarantees or predicts a similar outcome in any future case.

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