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Losing a family member because of someone else’s negligence is one of the hardest things a person can go through. When that loss happens on a road near Krugerville, in a workplace accident, or anywhere in Denton County, Texas law gives your family the right to hold the responsible party accountable. At Chandler Ross Injury Attorneys, we represent families in Krugerville and throughout Denton County who are facing exactly this situation. Our office is in Denton, just a short drive from Krugerville along US-377, and we are ready to help you understand your rights and take action.

Table of Contents

What Texas Law Says About Wrongful Death Claims in Krugerville

Texas law gives families a clear legal path when a loved one dies due to another person’s wrongful conduct. That path is found in Chapter 71 of the Texas Civil Practice and Remedies Code, also called the Texas 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 if the injury was caused by that person’s wrongful act, neglect, carelessness, unskillfulness, or default. This applies whether the at-fault party is an individual, a company, or any other entity.

The law is broad on purpose. It covers car accidents on FM 2931 near Krugerville, truck crashes on US-380, construction site deaths, workplace incidents, and more. The same legal framework applies whether the death resulted from a drunk driver, a defective product, or a dangerous property condition.

One important detail: under Texas Civil Practice and Remedies Code Section 71.003, a wrongful death claim can only be brought if the deceased person would have had the right to sue for personal injury had they survived. In other words, if the injured person had a valid personal injury claim before death, their family has a valid wrongful death claim after.

Texas Civil Practice and Remedies Code Section 71.006 also makes clear that a wrongful death claim is not blocked just because the death resulted from a felony or because criminal charges are pending. A civil wrongful death case and a criminal prosecution are separate proceedings. Your family can pursue compensation in civil court regardless of what happens in any criminal case.

The attorneys at Chandler Ross Injury Attorneys, licensed in Texas and practicing in Denton County, handle wrongful death cases for families throughout Krugerville and the surrounding area. Past results in any case do not guarantee the same outcome in another matter, as every case involves different facts and applicable law.

Who Can File a Wrongful Death Lawsuit Under Texas Law

Texas law limits who can file a wrongful death claim, and knowing whether you qualify is one of the first questions to answer. Under Texas Civil Practice and Remedies Code Section 71.004, only the surviving spouse, children, and parents of the deceased have standing to bring a wrongful death lawsuit. Brothers, sisters, and other relatives do not have the right to file under this statute, even if they were close to the deceased.

This rule has real consequences for Krugerville families. If a parent dies in a car accident on US-377 near the Denton County line, the surviving spouse and adult children can each file a claim. If an adult child dies, both parents have the right to sue, whether the parents are married, divorced, or separated. Natural and adoptive parents both qualify. Stepparents, however, do not have standing unless they legally adopted the child.

There is also a provision for the estate. If three months pass after the death and none of the qualifying family members have filed a wrongful death lawsuit, the executor or administrator of the deceased person’s estate may file on the family’s behalf. This is not a replacement for the family’s right to sue. It is a safety net to make sure the claim does not go unfiled.

Under Texas Civil Practice and Remedies Code Section 71.008, if the defendant dies while a wrongful death lawsuit is pending, the case does not automatically end. The executor or administrator of the defendant’s estate can be substituted in as the defendant, and the case continues. This means that even if the person responsible for your loved one’s death passes away, your family’s legal claim survives.

If you are unsure whether you qualify to file, call Chandler Ross Injury Attorneys at (940) 800-2500. We will review your situation and give you a straight answer.

Damages a Krugerville Family Can Recover in a Wrongful Death Case

Texas wrongful death law allows families to recover compensation for a wide range of losses, both financial and personal. Under Texas Civil Practice and Remedies Code Section 71.010, a jury may award damages in an amount proportionate to the injury resulting from the death. Those damages are then divided among the qualifying family members based on what the jury finds in its verdict.

Recoverable damages typically include the financial support the deceased would have provided over their lifetime, the loss of companionship and society, mental anguish suffered by surviving family members, and the loss of care, guidance, and nurturing that a parent or spouse would have provided. Medical expenses incurred before death and funeral and burial costs are also recoverable.

In cases involving especially serious misconduct, Texas law allows for more. Under Texas Civil Practice and Remedies Code 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. Think of a drunk driver who chose to get behind the wheel near Krugerville after multiple drinks, or a trucking company that ignored known safety violations. Those situations may support a claim for exemplary damages.

There is also a separate legal tool called a survival action, found in Subchapter B of Chapter 71. A survival action allows the deceased person’s estate to pursue compensation for the pain, suffering, and losses the deceased experienced between the time of injury and the time of death. This claim belongs to the estate, not to the family members individually, but it is often filed alongside a wrongful death claim.

Under Texas Civil Practice and Remedies Code Section 71.011, damages recovered in a wrongful death action are not subject to the debts of the deceased. What your family recovers goes to your family, not to creditors.

The Deadline to File a Wrongful Death Claim in Texas and Why It Matters

Texas sets a strict time limit on wrongful death lawsuits. Under Texas Civil Practice and Remedies Code Section 16.003(b), families have two years from the date of the deceased person’s death to file a wrongful death lawsuit. Miss that deadline, and a court will almost certainly dismiss your case, no matter how strong it is. This rule is called the statute of limitations.

Two years sounds like a long time, but wrongful death cases require significant preparation. Gathering evidence, reconstructing the accident, obtaining expert opinions, identifying all liable parties, and building a damages case all take time. Waiting too long can also allow critical evidence to disappear. Surveillance footage gets deleted. Witnesses move away or forget details. Physical evidence at a scene is cleared.

There are limited exceptions to the two-year deadline. If the deceased was a minor, or if the defendant fraudulently concealed their role in the death, the clock may be paused or extended. But these exceptions are narrow and should never be relied on as a reason to delay taking action.

Krugerville families dealing with wrongful death situations often face this deadline while also managing grief, funeral arrangements, and financial pressure. That is exactly why reaching out to experienced personal injury lawyers at Chandler Ross Injury Attorneys early in the process gives your family the best chance of preserving your rights and building a complete case. Our Denton office is close to Krugerville, and we offer free consultations so you can get answers without any upfront cost.

Common Causes of Wrongful Death in and Around Krugerville, Texas

Krugerville sits in a part of Denton County that has seen rapid growth in recent years, with US-377 and FM 2931 serving as main travel corridors connecting the community to Denton, Aubrey, and the broader Dallas-Fort Worth area. That growth brings more traffic, more commercial vehicles, and more risk on the road.

Car accidents are among the most common causes of wrongful death in the area. High-speed collisions on US-380 or US-377, rear-end crashes at intersections, and head-on collisions on rural two-lane roads all cause fatal injuries. Drunk driving crashes, which fall under the same legal framework that supports catastrophic injury claims, are a recurring problem throughout Denton County.

Truck accidents involving large commercial vehicles, including 18-wheelers traveling through the area on major highways, cause a disproportionate number of fatal crashes. When a commercial truck is involved, the liable parties may include the driver, the trucking company, a cargo loader, or a vehicle manufacturer, depending on the cause of the crash.

Workplace deaths, particularly in construction, are another significant source of wrongful death claims in this part of Texas. Denton County’s ongoing development means active construction sites throughout the region, and construction accidents, including falls, equipment failures, and structural collapses, can result in fatal injuries. Premises liability situations, such as deaths caused by unsafe conditions on someone else’s property, also fall under this area of law.

No matter how your loved one died, if another party’s negligence or misconduct played a role, Texas law may give your family a right to compensation. Call Chandler Ross Injury Attorneys at (940) 800-2500 to discuss the specific circumstances of your case.

FAQs About Krugerville Wrongful Death Cases

Who is responsible for paying wrongful death damages in Texas?

The party whose negligence or wrongful conduct caused the death is responsible for paying damages. Depending on the case, that could be an individual driver, a trucking company, a property owner, an employer, or a product manufacturer. In many cases, the responsible party’s insurance carrier is the one that actually pays. Texas law under Civil Practice and Remedies Code Section 71.002 holds individuals, companies, and their agents and employees accountable for wrongful acts that cause death.

Can I file a wrongful death claim even if the death was also a criminal matter?

Yes. Under Texas Civil Practice and Remedies Code Section 71.006, a wrongful death civil lawsuit is not blocked because the death involved a felony or because a criminal case is pending. The civil and criminal systems are separate. A criminal conviction is not required for your family to succeed in a civil wrongful death claim, and a not-guilty verdict in criminal court does not automatically end your civil case.

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

A wrongful death claim, brought under Texas Civil Practice and Remedies Code Chapter 71 Subchapter A, compensates the surviving family members for their own losses, such as lost financial support, mental anguish, and loss of companionship. A survival action, found in Subchapter B of Chapter 71, allows the deceased person’s estate to recover for the losses the deceased personally experienced before death, including pain and suffering and lost wages up to the time of death. Both claims are often filed together in the same lawsuit.

What if the person who caused my loved one’s death does not have insurance or cannot pay?

This is a real concern, and the answer depends on the facts of your case. In some situations, other parties share liability, such as an employer, a property owner, or a vehicle manufacturer, and those parties may have insurance or assets. In car accident cases, your own uninsured or underinsured motorist coverage may also apply. Chandler Ross Injury Attorneys reviews all possible sources of recovery so your family is not left without options. Call us at (940) 800-2500 to discuss your situation.

How much does it cost to hire Chandler Ross Injury Attorneys for a wrongful death case?

Chandler Ross Injury Attorneys handles wrongful death cases on a contingency fee basis. That means you pay no attorney fees unless and until we recover compensation for your family. There are no upfront costs and no hourly charges. Your family can focus on healing while we handle the legal work. To get started with a free consultation, call our Denton office at (940) 800-2500.

Content on this page is provided for general informational purposes only and does not constitute legal advice. Attorney responsible for this content: Chandler Ross Injury Attorneys, principal office located in Denton, Texas. Results in any prior matter do not guarantee the same outcome in another case, as each case involves unique facts and applicable law.

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