Roanoke Wrongful Death Attorney

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Losing a family member because of someone else’s wrongful act is one of the most devastating things a family can face. When that loss happens on a busy stretch of State Highway 114, near the Alliance Gateway corridor, or anywhere in the Roanoke area, you deserve answers and real legal support. At Chandler Ross Injury Attorneys, we represent families in Roanoke and throughout Denton County who are trying to hold negligent parties accountable after a wrongful death. Our attorneys are licensed in Texas and serve clients from our office in Denton. If your family has lost a loved one due to someone else’s negligence, call us at (940) 800-2500 for a free consultation.

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What Texas Law Says About Wrongful Death Claims Under CPRC Chapter 71

Texas law gives surviving family members the right to sue when a loved one is killed by another person’s wrongful conduct. That right comes from Chapter 71 of the Texas Civil Practice and Remedies Code, known as the Texas Wrongful Death Act. Under Section 71.002, a person is liable for damages when their wrongful act, neglect, carelessness, unskillfulness, or default causes another individual’s death.

The law is direct. If someone’s negligence killed your family member, you have a legal path to seek compensation. That could mean a drunk driver who ran a red light on U.S. Highway 377, a negligent property owner near Oak Street in downtown Roanoke, or a commercial truck driver cutting through the Alliance Gateway area who failed to follow federal safety rules.

Under Section 71.004, the right to bring a wrongful death claim belongs to the surviving spouse, children, and parents of the deceased. Texas courts read this definition narrowly. Siblings, cousins, and other relatives are not included as eligible claimants under the statute. If none of those beneficiaries file a claim within three months of the death, the executor or administrator of the estate may file on their behalf.

Texas also recognizes a separate survival action under Section 71.021. A wrongful death claim compensates the surviving family members for their own losses. A survival action, by contrast, allows the estate to recover damages the deceased person would have been entitled to had they survived, such as pre-death pain and suffering and medical expenses incurred before death. These two claims can be filed together, and doing so often maximizes the total recovery available to your family.

Every state in the United States now has a wrongful death statute. The U.S. Supreme Court confirmed the broad public policy behind these laws in Moragne v. States Marine Lines, Inc., 398 U.S. 375 (1970), finding that allowing wrongful death recovery prevents negligent parties from escaping liability simply because their conduct caused a death rather than an injury. That same principle drives Texas law today.

Who Can File a Wrongful Death Claim in Roanoke, Texas

Texas Civil Practice and Remedies Code Section 71.004 limits who may bring a wrongful death lawsuit. Only the surviving spouse, children, and parents of the deceased are eligible. This is not a suggestion. It is a hard legal boundary that Texas courts enforce strictly.

A surviving spouse may bring a claim regardless of whether they have remarried since the death. Natural and adoptive parents may file for the wrongful death of a child. Adoptive children may also file for the wrongful death of a parent, provided the adoption was legally completed. Stepparents who never legally adopted the deceased child do not qualify under the statute.

When multiple eligible family members exist, they may file together as a group or one beneficiary may file as a representative of the entire class. All beneficiaries do not need to consent to the lawsuit for it to proceed. However, a beneficiary who disclaims their interest does not need to be joined in the case.

If no eligible family member files within three months of the death, the executor or administrator of the deceased’s estate may step in and file the action. This provision prevents cases from going unfiled when grieving families are not immediately aware of their rights.

Under Section 71.010, the jury decides how damages are divided among eligible beneficiaries. The award is proportionate to each person’s loss and divided in shares as determined by the jury’s verdict. Under Section 71.011, those damages are protected from the deceased’s creditors. Money recovered in a wrongful death action belongs to the beneficiaries, not to the estate’s debts.

Wrongful death cases in Roanoke are filed in Denton County courts, and any judgment must be pursued through the appropriate civil process. If you are unsure whether you qualify as a beneficiary, the personal injury lawyers at Chandler Ross Injury Attorneys can review your situation and give you a clear answer during a free consultation.

What Damages Are Available in a Texas Wrongful Death Case

Texas law allows wrongful death beneficiaries to recover both economic and non-economic damages. Understanding what is available helps families know what they are actually fighting for when they pursue a claim.

Economic damages cover the financial losses caused by the death. These include the deceased’s lost earning capacity, the financial support they would have provided to the family over their lifetime, and the value of household services they performed. If your spouse managed the family finances, maintained the home, or contributed income that the family depended on, those losses are calculable and compensable.

Non-economic damages cover the personal losses that do not come with a price tag. These include mental anguish, loss of companionship, loss of care, loss of guidance, and grief. A parent who loses a child near the Northwest Independent School District corridor, a spouse who loses their partner in a crash on I-35W near Roanoke, or a child who loses a parent in a workplace accident near the Alliance area, all suffer real non-economic harm that Texas law allows them to recover.

Texas Civil Practice and Remedies Code Section 71.009 also allows for exemplary damages, which are also called punitive damages, when the death was caused by a willful act, willful omission, or gross negligence. Gross negligence means the defendant was consciously indifferent to the rights, safety, or welfare of others. A drunk driving accident or a trucking company that ignored known safety violations can meet that standard. Note that under Texas constitutional provisions, surviving parents are generally not entitled to exemplary damages, though surviving spouses and children may be.

In a survival action filed alongside the wrongful death claim, the estate can also recover for the deceased’s pre-death pain and suffering, medical expenses, and any other damages the person could have claimed had they lived. Together, these two claims build the most complete picture of the harm your family has suffered.

Every case is different. Past results in wrongful death cases do not guarantee the same outcome in your case, because facts, liability, and damages vary significantly from one situation to the next. What we can tell you is that our team works to identify every category of loss your family has experienced.

The Statute of Limitations for Wrongful Death Claims in Texas

Texas sets a strict deadline for filing wrongful death lawsuits. Under Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for wrongful death claims is two years from the date of the deceased person’s death. Miss that deadline, and a Texas court will almost certainly dismiss your case, no matter how strong the evidence is.

Two years sounds like enough time. In practice, it goes fast. Families spend the first months grieving, handling funeral arrangements, managing estate matters, and dealing with insurance companies that are already building their defense. Evidence disappears. Witnesses move. Surveillance footage gets overwritten. The sooner a legal team gets involved, the better the chances of preserving what matters most to your case.

There are limited exceptions that can toll, or pause, the two-year clock. If a surviving beneficiary is a minor child, the statute of limitations does not begin to run until they turn 18, though a parent or guardian can still file on their behalf before then. If the wrongful act was concealed and the family had no reasonable way to discover it, the clock may not start until the date of discovery.

Cases involving government entities add another layer of urgency. If the at-fault party is a city, county, or state agency, Texas law under the Texas Tort Claims Act requires that a formal notice of claim be filed within six months of the incident. That is a much shorter window than the general two-year deadline, and failing to meet it can end your case before it starts.

Wrongful deaths in Roanoke can involve a range of circumstances, from catastrophic crashes on State Highway 114 to workplace injuries near the Alliance corridor, to incidents at local businesses along Oak Street. Whatever the situation, the clock starts ticking on the date of death. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible to protect your family’s right to file.

Why Families in Roanoke Choose Chandler Ross Injury Attorneys for Wrongful Death Cases

Wrongful death cases are among the most emotionally and legally demanding cases in personal injury law. They require a thorough investigation, expert witnesses, detailed economic analysis, and a legal team willing to take on insurance companies and corporate defendants who have resources and motivation to minimize what they pay.

Chandler Ross Injury Attorneys is based in Denton, Texas, which means we know Denton County courts, local roads, and the communities we serve. Roanoke sits at the intersection of State Highways 114, 377, and 170, with I-35W just a few miles to the west. That geography creates heavy commercial traffic, high-speed corridors, and a mix of pedestrian activity near downtown Oak Street and the dining district that can turn deadly when someone is careless. We have handled cases involving car accidents, truck accidents, drunk driving crashes, premises liability incidents, and other tragedies that fall under the broader umbrella of catastrophic and fatal injury claims throughout this area.

Our attorneys are licensed in Texas and handle cases in Denton County and the surrounding region. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for your family. There are no upfront costs and no hourly fees while your case is pending.

We take the time to understand what your family has lost, not just economically, but personally. We know that no settlement or verdict can replace a person. What we can do is fight to make sure the party responsible is held accountable and that your family has the financial support needed to move forward. Under Section 71.008 of the Texas Civil Practice and Remedies Code, even if the defendant dies while the case is pending, the action may continue against their estate, so accountability does not end with the at-fault party’s death.

If your family has lost someone in or around Roanoke, Denton County, or the surrounding North Texas communities, call us at (940) 800-2500 or reach out online. We are ready to listen, answer your questions, and help you understand your options with no pressure and no obligation.

FAQs About Roanoke Wrongful Death Attorney

Who has the right 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 a wrongful death claim. Siblings, grandparents, and other relatives are not included under the statute. If none of these eligible family members file within three months of the death, the executor or administrator of the estate may file on their behalf.

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

Texas law gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. This deadline is set by the Texas statute of limitations and is strictly enforced. Certain exceptions apply, such as when a beneficiary is a minor or when the wrongful act was concealed, but you should contact an attorney as soon as possible to avoid losing your right to file.

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

A wrongful death claim under Chapter 71 of the Texas Civil Practice and Remedies Code compensates surviving family members for their own losses, such as grief, loss of companionship, and lost financial support. A survival action, under Section 71.021, allows the estate to recover damages the deceased would have been entitled to, such as pre-death pain and suffering and medical expenses incurred before death. Both claims can be filed at the same time.

Can punitive damages be recovered in a Texas wrongful death case?

Yes, under Section 71.009 of the Texas Civil Practice and Remedies Code, exemplary damages (punitive damages) may be recovered when the death was caused by a willful act, willful omission, or gross negligence. However, Texas constitutional provisions limit which beneficiaries can receive exemplary damages. Surviving spouses and children may be eligible, while surviving parents generally are not. Each case depends on its specific facts.

What does it cost to hire a wrongful death attorney at Chandler Ross Injury Attorneys?

Chandler Ross Injury Attorneys handles wrongful death cases on a contingency fee basis. You pay nothing upfront and owe no attorney fees unless we recover compensation for your family. This allows families in Roanoke and throughout Denton County to get experienced legal representation without worrying about the cost of pursuing a case during an already difficult time. Call us at (940) 800-2500 to schedule a free consultation.

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