Justin 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. When that loss happens in Justin, Texas, or anywhere in Denton County, you have legal rights under Texas law that allow your family to pursue accountability and financial compensation. Chandler Ross Injury Attorneys, based in Denton, Texas, represents families in Justin and throughout the surrounding area who are dealing with the aftermath of a preventable death. If your family has suffered this kind of loss, our team is ready to help you understand your options. Call us today at (940) 800-2500 for a free consultation.

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What Texas Law Says About Wrongful Death Claims in Justin

Texas law gives surviving family members the right to sue when a loved one dies due to another party’s wrongful conduct. This right comes from Chapter 71 of the Texas Civil Practice and Remedies Code, commonly called the Texas Wrongful Death Act. Under Texas Civil Practice and Remedies Code Section 71.002, a person is liable for damages when their wrongful act, neglect, carelessness, or default causes another person’s death.

The law covers a wide range of situations. A fatal car crash on FM 156 near Justin caused by a distracted driver, a deadly construction accident on a worksite off Highway 114, a trucking collision on US-287, or a fatal fall on a poorly maintained property can all give rise to a wrongful death claim. The key requirement is that someone else’s conduct caused the death.

Under Texas Civil Practice and Remedies Code Section 71.004, only specific family members can bring a wrongful death action. Those parties are the surviving spouse, children, and parents of the deceased. Siblings, grandparents, and other relatives are not permitted to file under this statute. One eligible family member may bring the claim on behalf of the entire group.

Texas Civil Practice and Remedies Code Section 71.009 also allows families to seek exemplary damages, which are damages beyond actual compensation, when the death resulted from a willful act, omission, or gross negligence. This provision matters when a defendant acted with extreme disregard for human life, such as a drunk driver who caused a fatal collision near the Texas Motor Speedway area or a company that knowingly ignored safety violations on a job site.

Texas Civil Practice and Remedies Code Section 71.011 also protects your family’s recovery. Any damages awarded in a wrongful death case are not subject to the deceased person’s debts. That means creditors cannot take the compensation your family receives.

Who Can File a Wrongful Death Lawsuit in Justin, Texas

The right to file a wrongful death claim in Texas is limited by statute, and knowing who qualifies matters from day one. Texas Civil Practice and Remedies Code Section 71.004 limits this action to the surviving spouse, children, and parents of the deceased. This applies whether the family members are biological or legally adopted.

Natural and adoptive parents can recover for the wrongful death of their child. Stepparents, however, cannot bring a claim unless they legally adopted the child. Similarly, a stepchild cannot recover for the wrongful death of a stepparent without a formal adoption. Foster parents and managing conservators also do not qualify under the statute without a completed legal adoption.

Any one of the qualifying family members can bring the lawsuit on behalf of the entire class of eligible beneficiaries. It is not required that every eligible family member consent to the action. If none of the eligible parties file a claim within three months of the death, the executor or administrator of the estate may bring the action on their behalf, unless all beneficiaries instruct otherwise under Section 71.004(c).

If the defendant dies while the case is pending, or before it is filed, Texas Civil Practice and Remedies Code Section 71.008 allows the lawsuit to continue. The executor or administrator of the defendant’s estate steps in, and the case proceeds as though the defendant were still alive. This matters when dealing with fatal accidents involving elderly drivers, business owners, or other defendants who may pass away during litigation.

Families in Justin who are unsure whether they qualify should contact personal injury lawyers at Chandler Ross Injury Attorneys right away. Our team can review your specific family situation and tell you clearly whether you have standing to pursue a claim under Texas law.

What Damages a Justin Wrongful Death Claim Can Recover

A wrongful death claim in Texas allows surviving family members to recover compensation for the losses they personally suffered because of the death. These are not the same as the damages the deceased person experienced before dying. Those belong to a separate legal action called a survival claim, which is brought on behalf of the estate under Texas Civil Practice and Remedies Code Section 71.021.

Recoverable damages in a wrongful death case can include the mental anguish experienced by surviving family members, the loss of companionship and society of the deceased, lost financial support the deceased would have provided, and the loss of inheritance the deceased would have accumulated over a normal lifespan. These losses are real and can be substantial, especially when the deceased was a working parent or the primary income earner for a family in a community like Justin, where median household income exceeds $114,000 per year.

Under Texas Civil Practice and Remedies Code Section 71.010, the jury awards damages in an amount proportionate to the injury caused by the death. The jury then divides those damages into shares among the eligible beneficiaries who are alive at the time of the verdict. Each family member’s share reflects the unique impact the death had on that individual.

When the death resulted from gross negligence or a willful act, Section 71.009 allows the jury to also award exemplary damages. These are designed to punish the defendant and deter similar conduct in the future. Cases involving drunk driving accidents, catastrophic workplace injuries caused by deliberate safety violations, or nursing home abuse that leads to death are examples where exemplary damages may apply.

A survival claim, filed alongside the wrongful death case, can recover the deceased’s pre-death medical expenses, pain and suffering before death, lost wages from the time of injury to death, and funeral and burial costs. Both claims together give your family the most complete picture of financial recovery available under Texas law.

The Deadline to File a Wrongful Death Lawsuit in Justin, Texas

Texas imposes a firm deadline on wrongful death claims. Under Texas Civil Practice and Remedies Code Section 16.003, a wrongful death lawsuit must be filed within two years of the date of death. This deadline is called the statute of limitations. Missing it almost always means your family permanently loses the right to seek compensation, no matter how strong the case is.

The two-year clock starts on the date of death, not the date of the accident. If your loved one survived the initial incident but died days or weeks later, the limitation period begins when the death occurs. This distinction matters in cases involving serious traumatic brain injuries, severe burn injuries, or other catastrophic injuries where a person lingers before passing.

There are limited exceptions that can pause, or toll, the statute of limitations. Under Texas Civil Practice and Remedies Code Section 16.001, the clock does not run against a minor child beneficiary until that child turns 18. A guardian or surviving parent can still file on the child’s behalf before that date. In rare circumstances, a court may also find that a beneficiary’s mental incapacity tolls the deadline.

Two years may feel like a long time, but wrongful death cases require gathering extensive evidence quickly. Accident reconstruction, witness statements, surveillance footage from roads like Highway 156 or areas near Denton County’s growing industrial corridors, and medical records all need to be preserved early. Evidence degrades. Witnesses forget. Acting quickly gives your legal team the best chance to build a strong case.

If you believe the responsible party has concealed facts about the death, there may be additional grounds to argue the limitations period should be extended. However, this is a complex legal argument and should never be relied upon as a reason to delay. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your loss.

How Chandler Ross Injury Attorneys Handles Wrongful Death Cases in Justin

Chandler Ross Injury Attorneys is a personal injury law firm based in Denton, Texas, serving families in Justin and throughout Denton County. Our office handles wrongful death claims arising from car and truck accidents, workplace injuries, construction accidents, premises liability incidents, drunk driving crashes, and other situations where negligence causes a fatal outcome. All attorneys at Chandler Ross Injury Attorneys are licensed to practice law in Texas.

When you contact our firm, we begin by listening. We want to understand what happened to your family member, where the incident occurred, and who may be responsible. Justin sits along key transportation corridors including FM 156 and Highway 114, and the area has seen growth in both residential development and commercial traffic. Fatal accidents in this area often involve commercial trucks, construction vehicles, and passenger vehicles sharing roads that were not always designed for today’s volume.

Our team investigates the facts, identifies all potentially liable parties, and builds a case supported by evidence. In wrongful death cases involving commercial vehicles, for example, we look at driver logs, company maintenance records, and federal motor carrier safety compliance records. In premises liability deaths, we examine property inspection records, prior incident reports, and the property owner’s awareness of the dangerous condition.

We handle cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family. There are no upfront costs, and your initial consultation is free. Wrongful death cases in Denton County are filed in the Denton County District Courts, located at the Denton County Courts Building at 1450 East McKinney Street in Denton, Texas. Our team knows this courthouse and the procedural requirements for filing and litigating claims here.

Losing a loved one is already overwhelming. You should not have to handle the legal process alone while grieving. Our team manages every aspect of your case so you can focus on your family. Call us at (940) 800-2500 or reach out online to schedule your free consultation today. Past results in other cases do not guarantee the same outcome in your matter, as every case depends on its own facts and applicable law.

FAQs About Justin Wrongful Death Attorney

Who is eligible to 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 are eligible to file a wrongful death claim. Siblings, grandparents, and other relatives do not qualify under this statute. If none of these parties file within three months of the death, the estate’s executor or administrator may bring the claim on their behalf, unless all eligible beneficiaries instruct otherwise.

How long do I have to file a wrongful death lawsuit in Justin, Texas?

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 the deceased person’s death, not the date of the underlying accident or injury. Missing this deadline will almost certainly bar your family from recovering any compensation. Contact an attorney as soon as possible to protect your rights.

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

A wrongful death claim compensates surviving family members for their own losses, such as mental anguish, lost financial support, and loss of companionship. A survival claim, brought under Texas Civil Practice and Remedies Code Section 71.021, belongs to the deceased person’s estate and covers damages the deceased experienced before death, including pre-death pain and suffering, medical expenses, and funeral costs. Both claims can often be filed together in the same lawsuit.

Can I still file a wrongful death claim if the person responsible has died?

Yes. Texas Civil Practice and Remedies Code Section 71.008 allows a wrongful death lawsuit to continue even if the defendant dies before or during the case. The executor or administrator of the defendant’s estate steps in as the defendant, and the case proceeds as if the defendant were still alive. A judgment in favor of your family is paid through the defendant’s estate in the normal course of administration.

Can our family recover punitive damages in a Texas wrongful death case?

Texas Civil Practice and Remedies Code Section 71.009 allows a jury to award exemplary damages, which are sometimes called punitive damages, when the death was caused by a willful act, omission, or gross negligence. These damages go beyond compensating your family and are meant to punish the defendant for extreme misconduct. Examples include deaths caused by drunk drivers, companies that knowingly ignored safety requirements, or nursing homes that deliberately neglected residents. Whether exemplary damages apply depends on the specific facts of each case.

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