Keller Wrongful Death Attorney

Losing a family member because of someone else’s negligence is one of the most devastating experiences a person can face. The grief is overwhelming, the financial pressure can be immediate, and the legal questions can feel impossible to answer alone. If your loved one died due to a preventable accident or wrongful act in or around Keller, Texas, you may have the right to hold the responsible party accountable. Chandler Ross Injury Attorneys, based in Denton, Texas, works with families throughout the region, including Keller and surrounding Tarrant County communities, to pursue justice under Texas law. Call us today at (940) 800-2500 for a free consultation. Past results in other cases do not guarantee the same outcome in your matter, as each case depends on its own facts and applicable law.

Table of Contents

• What Texas Law Says About Wrongful Death Claims
• Who Can File a Wrongful Death Claim in Texas
• The Deadline to File a Wrongful Death Claim in Texas
• What Damages Can a Keller Wrongful Death Claim Recover
• Common Causes of Wrongful Death Cases Near Keller, Texas
• FAQs About Keller Wrongful Death Claims

What Texas Law Says About Wrongful Death Claims

Texas law gives surviving family members the right to seek compensation when a loved one dies due to another person’s wrongful conduct. A wrongful death claim in Texas is a statutory cause of action, not one rooted in common law. Texas Civil Practice and Remedies Code Section 71.002 establishes that an action for actual damages may be brought when an individual’s death is caused by another person’s wrongful act, neglect, carelessness, unskillfulness, or default.

The key word in that statute is “wrongful.” Not every tragic death gives rise to a legal claim. The death must have been caused by someone’s failure to act with reasonable care, or by a deliberate harmful act. Think about a driver who ran a red light on North Tarrant Parkway near Keller and killed a pedestrian, or a property owner near Town Center Drive who failed to fix a known hazard that caused a fatal fall. Those are the kinds of situations this law was designed to address.

Texas Civil Practice and Remedies Code Section 71.009 goes further. When a death results from gross negligence or a willful act or omission, the law allows for exemplary damages in addition to actual damages. Exemplary damages, sometimes called punitive damages, are designed to punish especially reckless or intentional conduct. This matters in cases involving drunk drivers, defective products, or employers who knowingly ignored safety rules.

Under Texas Civil Practice and Remedies Code Section 71.011, any damages recovered in a wrongful death action are not subject to the debts of the deceased. That means the compensation your family receives goes directly to you, not to creditors of the estate. This is an important protection that many families do not know about.

If you have questions about whether your situation qualifies under Texas law, the personal injury lawyers at Chandler Ross Injury Attorneys can review the facts of your case and explain your options. There is no cost for an initial consultation.

Who Can File a Wrongful Death Claim in Texas

Texas law strictly limits who has the legal right to file a wrongful death claim. Under Texas wrongful death statutes, only certain people may file or benefit from a claim. Section 71.004 limits the action to the surviving spouse, children, and parents of the deceased individual.

Biological and legally adopted children are included. Stepparents may not recover for the wrongful death of a stepchild absent legal adoption. Likewise, a stepchild cannot recover for the wrongful death of the stepparent. Neither foster parents nor foster children are beneficiaries within the meaning of the Act unless there has been formal adoption.

In Texas, brothers and sisters of the deceased are without standing under the Act to bring suit for wrongful death. The same is true for grandparents, cousins, and other extended family members, even if they were emotionally close to the deceased. Texas courts apply this list strictly.

What happens if none of the eligible family members file a claim right away? If none of these parties file suit within three months of the death, the executor or administrator of the estate may bring the claim on their behalf. This does not extend the overall deadline for filing, so families should act quickly.

When multiple family members are eligible, they can file together or separately. Damages awarded under the Wrongful Death Act are to be “in an amount proportionate to the injury resulting from the death,” and the jury is to divide the damages into shares among the individuals who are entitled to recover and alive at the time.

If you are unsure whether you qualify to file, call Chandler Ross Injury Attorneys at (940) 800-2500. Our team serves families in Keller, Denton, and throughout the surrounding North Texas area.

The Deadline to File a Wrongful Death Claim in Texas

Time is one of the most critical factors in any wrongful death case. Under Texas Civil Practice and Remedies Code Section 16.003, wrongful death claims must be filed within two years of the date of death, not the date of the incident that caused the death.

This distinction is important because sometimes there can be a gap between when an accident occurs and when death results from those injuries. For example, if your loved one was injured in a car accident on January 1st but passed away from those injuries on March 15th, the two-year statute of limitations would begin on March 15th.

Two years can feel like a long time when you are grieving. In reality, it passes quickly. Evidence disappears. Witnesses move away or forget details. Surveillance footage gets overwritten. Insurance companies begin building their defense immediately after a fatal accident. Waiting to act puts your family at a disadvantage.

There are limited exceptions to the two-year deadline. Fraudulent concealment by a defendant, mental incompetency of a beneficiary, or the minority status of a child may toll the statute of limitations. Tolling means the clock is paused under certain circumstances. For a minor child, the limitations period on that child’s individual claim does not begin until they turn 18. However, other eligible family members cannot rely on a child’s tolling to extend their own deadline.

Missing the two-year filing window almost always means losing the right to pursue compensation, no matter how strong the case is. If you lost a loved one in a fatal accident near Keller, whether on U.S. Highway 377, State Highway 170, or anywhere else in the area, contact Chandler Ross Injury Attorneys as soon as possible at (940) 800-2500.

What Damages Can a Keller Wrongful Death Claim Recover

A wrongful death claim in Texas can recover two broad categories of damages: economic and non-economic. Both are meant to compensate the surviving family members for the real losses they have suffered as a result of the death.

Economic damages include the financial contributions the deceased would have made to the family over their lifetime. This covers lost wages and future earning capacity, the value of household services the deceased provided, and medical and funeral expenses. If your loved one was the primary earner in your household, the financial impact of their death can be immediate and severe.

Non-economic damages address losses that are harder to put a dollar figure on. These include mental anguish, loss of companionship and society, and loss of parental guidance for surviving children. A parent who loses a child, or a child who grows up without a parent, suffers real harm that Texas law recognizes as compensable.

In cases involving egregious behavior, the judge may order the defendant to pay punitive damages, also known as exemplary damages. Judges reserve these damages for cases involving gross negligence or willful misconduct. Under Texas Civil Practice and Remedies Code Section 71.009, exemplary damages are available when the death was caused by a willful act or omission or gross negligence.

It is also worth understanding the difference between a wrongful death claim and a survival action. A wrongful death claim compensates surviving family members for their own losses, such as lost companionship, lost household income, and mental anguish. A survival action allows a personal injury lawsuit to “survive” the death of a person, and damages such as lost wages, medical bills, property damage, funeral expenses, and the like are available under this statute, with the recovery given as part of the deceased’s estate. Both types of claims can often be pursued at the same time.

Every case is different. The value of a wrongful death claim depends on the specific facts, the evidence available, and the losses your family has experienced. Chandler Ross Injury Attorneys can evaluate your situation and help you understand what your family may be entitled to recover.

Common Causes of Wrongful Death Cases Near Keller, Texas

Wrongful death claims in the Keller area arise from many different types of accidents and incidents. Keller sits at the intersection of Tarrant and Denton counties, with busy corridors like Davis Boulevard, Keller Parkway, and Bear Creek Parkway seeing heavy traffic daily. Accidents on these roads, and on nearby highways like U.S. 377 and State Highway 114, frequently result in serious and fatal injuries.

Car accidents caused by distracted, impaired, or reckless drivers are among the most common sources of wrongful death claims in the region. Drunk driving accidents, in particular, can support claims for exemplary damages under Texas Civil Practice and Remedies Code Section 71.009 because the conduct is willful and grossly negligent. Truck accidents involving large commercial vehicles are another frequent cause, and those cases often involve multiple liable parties, including the driver, the trucking company, and sometimes a cargo loader or vehicle manufacturer.

Workplace accidents are also a significant source of wrongful death claims in the North Texas area. Construction sites, warehouses, and industrial facilities throughout the Keller and Fort Worth region carry real risks. When an employer ignores safety regulations and a worker dies, the family may have grounds for a civil wrongful death claim in addition to any workers’ compensation benefits.

Premises liability incidents, such as fatal falls at a commercial property or negligent security failures at an apartment complex, can also give rise to wrongful death claims. The same is true for nursing home neglect, where an elderly resident dies because a facility failed to provide adequate care. Medical negligence, defective products, and pedestrian accidents involving distracted drivers are additional causes that Chandler Ross Injury Attorneys handles for families throughout the Keller area.

If your loved one died in any of these types of incidents, and you believe someone else’s negligence was responsible, you owe it to your family to find out whether you have a claim. Call (940) 800-2500 today to speak with our team. Chandler Ross Injury Attorneys is located in Denton, Texas, and serves clients throughout North Texas, including Keller, Tarrant County, and Denton County. Results in prior cases do not guarantee similar outcomes in future matters.

FAQs About Keller Wrongful Death Claims

Can I file a wrongful death claim if my loved one died in a car accident caused by a drunk driver in Keller?

Yes. If your loved one died because of a drunk driver’s negligence, Texas law allows eligible family members to file a wrongful death claim under Texas Civil Practice and Remedies Code Chapter 71. Because drunk driving involves willful or grossly negligent conduct, your family may also be entitled to seek exemplary damages under Section 71.009 of that statute, in addition to compensation for economic and non-economic losses. You should act quickly, as the two-year filing deadline under Texas Civil Practice and Remedies Code Section 16.003 begins on the date of death.

What if the person responsible for my loved one’s death has also died?

Your claim does not automatically 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 named as the defendant, and the case can proceed as though the defendant were still alive. Any judgment in your favor would be paid through the defendant’s estate during the administration process.

Does a wrongful death settlement have to be used to pay the deceased person’s debts?

No. Texas Civil Practice and Remedies Code Section 71.011 specifically states that damages recovered in a wrongful death action are not subject to the debts of the deceased. The compensation your family receives belongs to the surviving beneficiaries, not to creditors of the estate. This is an important protection built directly into the Texas Wrongful Death Act.

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

These are two separate legal claims that can often be filed together. A wrongful death claim compensates the surviving family members, such as a spouse, children, or parents, for their own losses caused by the death. A survival action, governed by Texas Civil Practice and Remedies Code Section 71.021, allows the deceased person’s estate to pursue the personal injury claim the deceased could have brought if they had survived. Survival action damages, such as the deceased’s medical bills, pain and suffering before death, and funeral expenses, go into the estate rather than directly to the family. An attorney can help determine which claims apply to your situation.

How long does a wrongful death case take to resolve in Texas?

The timeline varies significantly depending on the complexity of the case, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve within months through negotiated settlements. Others, particularly those involving disputed liability or multiple defendants, can take a year or more. The Denton County District Courts and Tarrant County District Courts both handle civil wrongful death litigation, and court scheduling can affect the timeline. Starting the process early gives your attorney more time to gather evidence, identify all liable parties, and build the strongest possible case for your family. Contact Chandler Ross Injury Attorneys at (940) 800-2500 to discuss your specific situation. Attorney responsible for this content: Chandler Ross, primary practice location: Denton, Texas.