Rhome Wrongful Death Attorney

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Losing someone you love because of another person’s negligence is one of the most devastating things a family can go through. If your loved one was killed in a car accident on U.S. Highway 287, a truck crash near FM 3433, a workplace incident, or any other preventable accident in or around Rhome, Texas, you may have the right to file a wrongful death claim. The personal injury lawyers at Chandler Ross Injury Attorneys in Denton, Texas, represent families in Rhome and throughout Wise County who are fighting for justice after a tragic and preventable loss. Call us at (940) 800-2500 to talk with our team today.

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What Is a Wrongful Death Claim Under Texas Law?

A wrongful death claim is a civil lawsuit that allows surviving family members to seek financial compensation when someone’s death was caused by another person’s negligence, carelessness, or wrongful act. This is a statutory right, not a common law right, and it is governed by Texas Civil Practice and Remedies Code Chapter 71.

Under Texas Civil Practice and Remedies Code Section 71.002, a person is legally liable for damages when their wrongful act, neglect, carelessness, unskillfulness, or default causes another individual’s death. That liability can extend to individuals, businesses, employers, vehicle operators, and even property owners, depending on the circumstances of the death.

The law covers a wide range of situations. A drunk driver who kills someone on State Highway 114 near Rhome, a negligent employer whose unsafe worksite leads to a fatal construction accident, a truck company whose driver causes a deadly crash on U.S. 287, or a property owner whose dangerous conditions result in a fatal fall, all of these situations can give rise to a wrongful death claim under Texas law.

It is important to understand that a wrongful death claim is separate from any criminal charges the at-fault party may face. You can pursue a civil wrongful death action even if no criminal charges are filed, or even if a criminal case ends without a conviction. The standard of proof in a civil case is lower than in a criminal case, which means a family can still win compensation even when a prosecutor does not bring charges.

Texas Civil Practice and Remedies Code Section 71.001 also defines “death” to include, for an unborn child, the failure to be born alive, and defines “individual” to include an unborn child at every stage of gestation from fertilization until birth. These definitions matter when a pregnancy is lost because of someone else’s negligence.

Chandler Ross Injury Attorneys handles wrongful death cases throughout Wise County and the surrounding area, including families in Rhome, Decatur, Newark, and Boyd. If you believe your family has a claim, call (940) 800-2500 for a free case evaluation.

Who Can File a Wrongful Death Lawsuit in Texas?

Texas law limits who can bring a wrongful death lawsuit. Under Texas Civil Practice and Remedies Code Section 71.004, a wrongful death action is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. These family members can file together or separately.

If none of these eligible parties file a lawsuit within three months of the death, the executor or administrator of the deceased’s estate may bring the claim on the family’s behalf. This is an important protection that keeps a valid claim from going unfiled simply because grieving family members did not act immediately.

Siblings, cousins, and other extended family members do not have standing to file a wrongful death claim under Texas law, even if they were financially dependent on the deceased. This is a strict rule, and it is one reason why speaking with an attorney early matters so much.

There is also a distinction between a wrongful death claim and a survival action. A wrongful death claim compensates surviving family members for their own losses, such as lost financial support, loss of companionship, and mental anguish. A survival action, by contrast, is brought on behalf of the deceased person’s estate and seeks compensation for the losses the deceased person experienced before death, including medical bills, pain and suffering, and lost wages from the time of injury until death. These are two separate legal actions, and both can be filed in the same case.

Families in Rhome and across Wise County deserve to know their rights. The team at Chandler Ross Injury Attorneys can review your specific situation, identify who has standing to file, and help you pursue every available claim. Reach out to us at (940) 800-2500.

What Damages Can a Rhome Family Recover in a Wrongful Death Case?

Texas law allows wrongful death claimants to recover both economic and non-economic damages. The goal is to compensate the surviving family members for the real losses they have suffered because of their loved one’s death.

Economic damages are the financial losses that can be calculated with numbers. These include the deceased’s lost future earnings and earning capacity, the value of household services the deceased would have provided, and medical and funeral expenses. If your spouse was the primary earner in your household near Veterans Memorial Park in Rhome, or your parent contributed financially to your family, those lost contributions are a significant part of your claim.

Non-economic damages cover losses that are harder to put a dollar figure on, but are just as real. These include mental anguish, loss of companionship and society, loss of care and guidance, and grief. Texas courts recognize that the death of a parent, spouse, or child creates a void in a family’s life that goes far beyond financial loss.

Under Texas Civil Practice and Remedies Code Section 71.009, when a death is caused by a willful act, omission, or gross negligence, the family may also recover exemplary damages, also called punitive damages. These are designed to punish the at-fault party for especially reckless or intentional conduct. A drunk driver who kills someone, a company that knowingly ignores dangerous working conditions, or a property owner who conceals a hazard that causes a fatal fall are all examples where exemplary damages may apply.

Under Section 71.010, the jury decides the total amount of damages and divides them among the eligible family members in proportion to each person’s losses. Under Section 71.011, any damages recovered in a wrongful death case are not subject to the debts of the deceased, which means creditors cannot claim those funds.

Every wrongful death case is different. The value of a claim depends on the specific facts, the age and income of the deceased, the number of surviving family members, and many other factors. Past results in other cases do not guarantee the same outcome in your case. Call Chandler Ross Injury Attorneys at (940) 800-2500 to discuss the specific facts of your situation.

The Texas Wrongful Death Filing Deadline You Cannot Miss

Texas law sets a strict deadline for filing a wrongful death lawsuit. Under Texas Civil Practice and Remedies Code Section 16.003, families have two years from the date of their loved one’s death to file a claim. Miss that deadline, and the court will almost certainly dismiss the case, permanently ending the family’s right to seek compensation, no matter how strong the evidence is.

The two-year clock starts on the date of death, not the date of the accident or injury that caused the death. So if your family member was injured in a crash on U.S. Highway 287 in January and died from those injuries in March, the two-year period begins in March, not January. This distinction matters and can affect your timeline.

There are limited exceptions that can pause, or “toll,” the statute of limitations. If a surviving beneficiary is a minor child, the clock may not start running until they turn 18. If the defendant fraudulently concealed their role in the death, the deadline may be extended. If the cause of death was not immediately discoverable, the discovery rule may apply. These exceptions are narrow, and courts review them carefully. Do not assume an exception applies to your case without speaking to an attorney.

Waiting also hurts your case in practical ways. Evidence disappears, surveillance footage gets overwritten, witnesses forget details, and accident scenes change. The roads around Rhome, including Highway 114 and FM 3433, see regular commercial and residential traffic, and evidence from a fatal crash can be lost quickly. Starting the legal process early protects your ability to build a strong claim.

If you are unsure how much time you have left, do not wait. Call Chandler Ross Injury Attorneys at (940) 800-2500 right away. Our team serves families throughout Rhome, Wise County, and the Denton area, and we can tell you exactly where you stand.

Common Causes of Wrongful Death Cases in Rhome and Wise County

Wrongful death cases in the Rhome area arise from a wide range of accidents and incidents. Understanding the most common causes helps families recognize when they may have a claim.

Traffic accidents are among the most frequent causes of wrongful death in this part of Texas. U.S. Highway 287 runs directly through Rhome and carries heavy commercial truck traffic daily. Fatal crashes involving large trucks, distracted drivers, and drunk drivers happen on this corridor with regularity. Accidents involving commercial carriers, including delivery trucks operating in the area, can involve multiple liable parties, including the driver, the trucking company, and sometimes the cargo owner.

Workplace accidents are another leading cause. Wise County has a significant construction and manufacturing workforce, and fatal on-the-job injuries do occur. When an employer’s failure to follow safety rules, provide proper equipment, or maintain a safe worksite leads to a worker’s death, a wrongful death claim may be available in addition to workers’ compensation benefits. Oil and gas operations in the broader North Texas region also create serious hazards that have led to fatal incidents.

Premises liability is a third major category. When a property owner fails to maintain safe conditions and someone dies as a result, such as a fatal fall at a business, a drowning at an unsecured pool, or a death caused by negligent security at a commercial property, the owner can be held liable under Texas law.

Other common causes include medical malpractice, nursing home abuse and neglect, defective products, and pedestrian and bicycle accidents. Rhome is a growing community, and as more families settle in the area along FM 3433 and surrounding roads, the risks that come with increased traffic and development grow as well.

No matter what caused your family’s loss, Chandler Ross Injury Attorneys is ready to listen. Call us at (940) 800-2500 or contact us online to tell us what happened. We serve clients in Rhome, Denton, and throughout Wise County, and we are committed to helping families pursue the accountability they deserve. Attorney Chad Ross is responsible for the content on this page. Chandler Ross Injury Attorneys’ principal office is located in Denton, Texas. All attorneys at this firm are licensed in Texas.

FAQs About Rhome 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 may file or benefit from a wrongful death claim. 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. Siblings and other relatives generally do not have standing to file under Texas law.

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

Texas Civil Practice and Remedies Code Section 16.003 gives families two years from the date of their loved one’s death to file a wrongful death lawsuit. The clock starts on the date of death, not the date of the accident. Missing this deadline will almost always result in your case being dismissed. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible to protect your rights.

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

A wrongful death claim is brought by surviving family members for their own losses, such as lost financial support, mental anguish, and loss of companionship. A survival action is brought on behalf of the deceased person’s estate and covers the losses the deceased experienced before death, including medical bills, pain and suffering, and lost earnings from the time of injury until death. Both claims can be filed in the same lawsuit, and both are authorized under Texas Civil Practice and Remedies Code Chapter 71.

Can I file a wrongful death lawsuit even if the at-fault party was not criminally charged?

Yes. A wrongful death lawsuit is a civil action, and it is completely separate from any criminal proceedings. You do not need a criminal conviction, or even criminal charges, to pursue a civil wrongful death claim. The standard of proof in a civil case is lower than in a criminal case, which means a family can still recover compensation even when prosecutors do not bring charges against the at-fault party.

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

Possibly. Under Texas Civil Practice and Remedies Code Section 71.009, exemplary damages, also called punitive damages, are available when the death was caused by a willful act, omission, or gross negligence. Examples include deaths caused by a drunk driver, a company that knowingly ignored serious safety violations, or a property owner who concealed a known hazard. Whether punitive damages apply depends on the specific facts of your case, and no outcome can be guaranteed. Call Chandler Ross Injury Attorneys at (940) 800-2500 to discuss your situation.

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