Pilot Point Wrongful Death Lawyer

Losing a loved one to someone else’s negligence is one of the most painful experiences a family can go through. When that loss happens because another person or company acted carelessly, Texas law gives surviving family members the right to pursue justice through a wrongful death claim. If you lost someone in or around Pilot Point, Denton County, Chandler Ross Injury Attorneys is here to help you understand your rights and fight for the compensation your family deserves. Our firm serves clients across the Denton area, and we take these cases seriously because we know how much is at stake for the families we represent.

Table of Contents

• What Texas Law Says About Wrongful Death Claims in Pilot Point
• Who Can File a Wrongful Death Lawsuit Under Texas Law
• The Two-Year Deadline to File a Wrongful Death Claim in Texas
• What Damages Can a Pilot Point Wrongful Death Claim Recover
• Common Causes of Wrongful Death in the Pilot Point Area
• FAQs About Pilot Point Wrongful Death Claims

What Texas Law Says About Wrongful Death Claims in Pilot Point

Texas Civil Practice and Remedies Code Chapter 71 is the law that governs wrongful death claims in the state. Under Section 71.002 of that statute, a person is liable for damages arising from an injury that causes another individual’s death when that injury resulted from the person’s wrongful act, neglect, carelessness, unskillfulness, or default. That language covers a wide range of situations, from a distracted driver on U.S. Highway 377 through Pilot Point to a property owner whose unsafe conditions caused a fatal accident near the downtown square.

The statute also applies to companies and their employees. If a driver working for a business causes a fatal crash, the business itself can be held responsible for the driver’s actions. This matters a great deal in Pilot Point and the surrounding Denton County area, where commercial traffic along State Highway 377 and Farm-to-Market roads is common.

Texas law also defines “death” to include the loss of an unborn child at every stage of gestation, under Section 71.001(3) of the Civil Practice and Remedies Code. This provision shows just how broad the statute’s reach can be. If you are unsure whether your situation qualifies, the best step is to speak with an attorney who can review the specific facts of your case. Reach out to the personal injury lawyers at Chandler Ross Injury Attorneys to get a clear answer about your legal options.

Every wrongful death case requires proof that the defendant owed a duty of care, that the defendant breached that duty, and that the breach directly caused the death. These elements must be supported by evidence, which is why acting quickly after a loss is so important.

Who Can File a Wrongful Death Lawsuit Under Texas Law

Texas Civil Practice and Remedies Code Section 71.004 limits who can bring a wrongful death claim. The law reserves that right for the surviving spouse, children, and parents of the deceased. Brothers, sisters, cousins, and other relatives, no matter how close they were to the person who died, do not have standing to file a wrongful death lawsuit under this statute.

Each eligible family member has an independent right to file. However, the claim is treated as a single cause of action, meaning all beneficiaries are typically represented together. One family member can file on behalf of the group, and it is not required that every beneficiary consent to the lawsuit or even be aware of it.

If none of the eligible family members file a claim within three months of the death, the personal representative or executor of the deceased person’s estate may step in and file on the family’s behalf. This is an important safety net, but it should not be treated as an invitation to delay. Evidence fades, witnesses’ memories grow unreliable, and physical evidence from accident scenes can disappear quickly.

Natural and adoptive parents have the right to recover for the wrongful death of their children. Stepparents, on the other hand, generally cannot recover for the wrongful death of a stepchild unless a legal adoption was completed. These distinctions matter and can affect who has the right to pursue a claim in your family’s situation.

Pilot Point is a tight-knit community, and many families here have lived on the same land for generations. If your family has suffered a loss due to someone else’s negligence, call Chandler Ross Injury Attorneys at (940) 800-2500 to find out where your family stands under the law.

The Two-Year Deadline to File a Wrongful Death Claim in Texas

Texas Civil Practice and Remedies Code Section 16.003 sets a two-year statute of limitations for wrongful death claims. That deadline begins on the date of your loved one’s death, not the date of the accident or incident that caused the injury. So if someone was hurt in a crash on Farm-to-Market Road 455 near Pilot Point but passed away in the hospital three weeks later, the two-year clock starts running from the date of death.

Missing this deadline almost always means losing the right to pursue compensation entirely. Texas courts routinely dismiss wrongful death claims filed after the statute of limitations has expired, regardless of how strong the underlying facts may be.

There are limited exceptions that can pause or extend the deadline. If a surviving family member is a minor child, the statute of limitations generally does not begin running against that child until they turn 18. If the wrongful act was concealed and the family could not reasonably have discovered it, the clock may not start until the date of discovery. These exceptions are narrow and fact-specific, so do not assume they apply to your situation without getting legal advice first.

Two years can feel like a long time when you are grieving, but it moves fast when you factor in the time needed to investigate the incident, gather evidence, consult experts, and build a strong case. Families near Pilot Point dealing with fatal car accidents, construction site fatalities, or fatal truck crashes on U.S. 377 should contact an attorney as soon as possible. The sooner you act, the better your chances of preserving the evidence your case depends on.

What Damages Can a Pilot Point Wrongful Death Claim Recover

A wrongful death claim in Texas compensates surviving family members for the losses they personally suffered as a result of the death. These are not the same as the losses the deceased person suffered. Texas law provides a separate legal tool called a survival action, under Section 71.021 of the Civil Practice and Remedies Code, which allows the estate to pursue compensation for the pain and suffering the deceased experienced before death, along with medical expenses and other losses the deceased personally incurred.

In a wrongful death claim, the types of damages that surviving family members can seek include the loss of financial support the deceased provided, the loss of companionship and society, the loss of parental guidance for surviving children, and mental anguish suffered by the family members themselves. These losses are real and significant, especially in a community like Pilot Point where many households depend on a single primary earner.

In cases involving gross negligence or willful misconduct, a court may also award exemplary damages, which are sometimes called punitive damages. These are designed to punish especially reckless behavior and deter others from acting the same way. A drunk driving accident that kills a Pilot Point resident on State Highway 377, for example, could potentially support a claim for exemplary damages.

Calculating the full value of a wrongful death claim requires a careful review of the deceased person’s income, earning potential, age, health, and the nature of their relationships with surviving family members. There is no standard formula, and every case produces a different result based on its unique facts. Past results in other cases do not guarantee any particular outcome in your case. What we can promise is that Chandler Ross Injury Attorneys will work hard to build the strongest possible case for your family.

Common Causes of Wrongful Death in the Pilot Point Area

Wrongful deaths in Pilot Point and the surrounding Denton County area happen in many different ways. Fatal car and truck accidents are among the most common, particularly along State Highway 377, which runs directly through town and sees heavy commercial and passenger traffic. Crashes involving large commercial trucks, delivery vehicles, and passenger cars all have the potential to cause fatal injuries, especially at highway speeds.

Construction accidents are another significant source of wrongful death claims in this region. Denton County has seen rapid growth, and construction activity near Pilot Point and along the corridors leading toward Denton has increased with it. Workers and bystanders alike face serious risks when job sites are not managed safely. Fatal falls, equipment failures, and electrocutions are all situations that can give rise to a wrongful death claim.

Premises liability situations also result in fatal injuries. A property owner near Pilot Point’s Lake Ray Roberts area, for example, who fails to maintain safe conditions around water features, uneven terrain, or dangerous structures can be held responsible if someone dies as a result. The same applies to businesses along the downtown square or commercial properties along Highway 377 that fail to address known hazards.

Drunk driving accidents remain a serious problem on rural Texas roads. A fatal crash caused by an impaired driver on a county road outside Pilot Point is exactly the kind of case where both a wrongful death claim and exemplary damages may apply. Pedestrian and bicycle accidents, workplace injuries, and even dog attacks that turn fatal are all situations that can support a wrongful death claim under Texas law.

No matter how your loved one died, if someone else’s negligence or wrongful conduct played a role, your family may have a legal right to compensation. Contact Chandler Ross Injury Attorneys at (940) 800-2500 for a free consultation. We serve families in Pilot Point, Denton, and throughout Denton County, and we are ready to listen to your story.

FAQs About Pilot Point Wrongful Death Claims

Can I file a wrongful death claim if the person responsible also faces criminal charges?

Yes. A wrongful death claim is a civil lawsuit, which is entirely separate from any criminal prosecution. A criminal case is brought by the state and focuses on punishment. Your wrongful death claim is brought by your family and focuses on financial compensation. The outcome of a criminal case does not prevent you from pursuing a civil claim, and a not-guilty verdict in a criminal trial does not automatically bar a civil recovery. The burden of proof in a civil case is lower than in a criminal case, which means a defendant can be found liable in civil court even if they were acquitted criminally.

What if my loved one was partly at fault for the accident that caused their death?

Texas follows a modified comparative fault rule under Civil Practice and Remedies Code Section 33.001. Your family can still recover damages even if your loved one shared some responsibility for what happened, as long as their percentage of fault does not exceed 50 percent. If they were 30 percent at fault, for example, the damages your family recovers would be reduced by 30 percent. An attorney can help you assess how fault might be assigned in your specific case and what that means for your potential recovery.

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

There is no single answer to this question because every case is different. Some wrongful death claims settle within several months after negotiations with an insurance company or the at-fault party. Others require filing a lawsuit and going through the discovery process, which can take a year or more. Cases that go all the way to trial can take two years or longer from the date of filing. The complexity of the facts, the number of parties involved, and the willingness of the defendant to negotiate all affect the timeline. What matters most is that your case is built on solid evidence and handled with care from the start.

Does Chandler Ross Injury Attorneys charge upfront fees for wrongful death cases?

Chandler Ross Injury Attorneys handles wrongful death cases on a contingency fee basis. That means you pay no attorney’s fees unless and until your case results in a recovery. You will not receive a bill just for consulting with us or for the work we do on your case. This arrangement allows families in Pilot Point and across Denton County to pursue justice without worrying about upfront legal costs during an already difficult time. Call us at (940) 800-2500 to learn more about how this works.

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

A wrongful death claim, governed by Texas Civil Practice and Remedies Code Section 71.002, is brought by surviving family members for their own losses, such as loss of financial support, companionship, and mental anguish. A survival action, governed by Section 71.021 of the same code, is brought on behalf of the deceased person’s estate and seeks compensation for losses the deceased personally experienced before death, including pain and suffering, medical bills, and lost wages from the time of injury until death. Both claims can often be pursued at the same time, and doing so can significantly increase the total compensation available to the family.

Attorney responsible for this content: Chandler Ross, Chandler Ross Injury Attorneys, principal office located in Denton, Texas. This page is attorney advertising. Past results do not guarantee a similar outcome. Each case is unique and results depend on the specific facts and applicable law.