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Losing a family member because of someone else’s negligence is one of the most painful experiences a person can face. When that loss happens on a road near Sanger, at a worksite off I-35, or anywhere in Denton County, your family deserves answers and real legal support. Chandler Ross Injury Attorneys is a Denton-based personal injury law firm that helps families in Sanger and the surrounding communities pursue wrongful death claims under Texas law. If you believe your loved one’s death was caused by another person’s careless or wrongful conduct, call us at (940) 800-2500 to talk through your options.

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What Texas Law Says About Wrongful Death Claims in Sanger

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, also known as 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 when that injury was caused by the person’s wrongful act, neglect, carelessness, unskillfulness, or default. This statute covers a wide range of situations, from car accidents on US-377 near Sanger to construction site fatalities and workplace injuries.

The law also makes clear that liability can extend beyond individual drivers or workers. Property owners, employers, vehicle operators, and even companies that manage industrial equipment can be held responsible under Section 71.002. So if your loved one died in a crash involving a commercial truck on I-35 near Denton, or suffered a fatal fall at a job site, the company behind the negligence can be named in a wrongful death claim.

Texas courts require the surviving family to prove four things: that the defendant owed a duty of care, that the defendant breached that duty, that the breach directly caused the death, and that the death resulted in damages to the surviving family. Each element must be supported by evidence. That is why gathering police reports, medical records, witness statements, and accident scene documentation matters so much in these cases.

The personal injury lawyers at Chandler Ross Injury Attorneys understand how Texas wrongful death law applies to real situations faced by families in Sanger, Denton, and throughout Denton County. Our team is ready to review your case and help you understand what legal options are available to your family.

Who Can File a Wrongful Death Claim Under Texas Civil Practice and Remedies Code Section 71.004

Not every family member has the automatic right to file a wrongful death claim in Texas. The law defines exactly who qualifies. 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. If you do not fall into one of those three categories, you cannot bring a wrongful death claim under the Texas statute, regardless of how close you were to the person who died.

This means siblings, grandparents, cousins, and other relatives are not eligible to file a wrongful death lawsuit in Texas, even if they lived with the deceased or depended on them financially. The law is narrow on this point, and courts apply it strictly.

Natural and adoptive parents can recover for the wrongful death of a child. However, stepparents who have not legally adopted a stepchild are not considered “surviving parents” under the Act. Likewise, stepchildren cannot recover for the wrongful death of a stepparent unless a legal adoption took place. Foster parents and foster children also fall outside the statute unless formal adoption occurred.

If none of the eligible family members file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim on behalf of the beneficiaries, unless all beneficiaries instruct otherwise under Texas Civil Practice and Remedies Code Section 71.004(c).

One important rule is that a wrongful death action must generally be brought on behalf of all eligible beneficiaries at once. A judgment in one action can bar other beneficiaries from filing separate suits. This makes it critical to work with an attorney who can coordinate the claim properly and protect every eligible family member’s rights from the start.

Damages Your Family Can Recover in a Sanger Wrongful Death Case

A wrongful death claim in Texas allows surviving family members to recover compensation for both financial and emotional losses. These damages are personal to the beneficiaries. They reflect what the surviving spouse, children, and parents lost when their loved one died, not just what the deceased suffered before passing.

Economic damages in a wrongful death case typically include the financial support the deceased would have provided over their expected lifetime. Courts allow evidence of the deceased person’s probable life expectancy and earning history to calculate these losses. If a parent who worked near the Denton County courthouse or at a business along US-377 was killed, the family can seek compensation for the income, benefits, and financial contributions that person would have made for years to come.

Non-economic damages cover the loss of companionship, care, guidance, and emotional support. A surviving spouse can recover for the loss of the deceased’s love and companionship. Children can recover for the loss of parental guidance and nurturing. Parents who lose a child can recover for the grief and mental anguish that comes with that loss.

In cases involving gross negligence or willful conduct, Texas law also allows exemplary damages, sometimes called punitive damages. 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, exemplary damages may be recovered in addition to actual damages. A drunk driving accident that kills a Sanger resident, for example, could give rise to an exemplary damages claim against the at-fault driver.

Separately, a survival action under Texas Civil Practice and Remedies Code Section 71.021 allows the deceased’s estate to recover for damages the person suffered between the time of injury and death, including medical bills, pain and suffering, and funeral expenses. A wrongful death claim and a survival action are two distinct legal claims, and families often pursue both at the same time.

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

Texas law sets a firm deadline for filing a wrongful death claim. Under Texas Civil Practice and Remedies Code Section 16.003(b), a person must bring a wrongful death suit no later than two years after the cause of action accrues, and the cause of action accrues on the date of death, not the date of the accident or injury that caused it. This means the two-year clock starts running the day your loved one dies.

Missing this deadline almost always means losing your right to compensation entirely. Courts in Texas will dismiss a wrongful death case filed after the statute of limitations has expired, and the responsible party will face no civil liability, even if their negligence is clear.

There are limited exceptions that can pause or extend the deadline. If a minor child loses a parent and no eligible adult files a claim, that child’s statute of limitations does not begin until they turn 18. The child would then have two years from their 18th birthday to file. This tolling applies only to the minor’s claim, not to claims belonging to other eligible family members such as a surviving spouse.

If the cause of death was not immediately apparent, or if the responsible party concealed their role in the death, courts may allow additional time to file under the discovery rule or the fraudulent concealment doctrine. However, these exceptions are narrow and courts do not apply them automatically.

Two years may feel like a long time when you are grieving. In practice, it passes quickly. Building a strong wrongful death case takes time. Investigators need to visit the accident scene, attorneys need to gather records, and experts may need to be retained. Waiting too long can mean lost evidence, faded memories, and deleted surveillance footage from locations like the stretch of I-35 near Sanger where many serious crashes occur. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your loss.

Why Sanger Families Trust Chandler Ross Injury Attorneys With Wrongful Death Cases

Chandler Ross Injury Attorneys is based in Denton, just a short drive from Sanger along I-35. Our firm handles serious personal injury and wrongful death cases for families throughout Denton County and the surrounding area. We know the local roads, the courts at the Denton County Courthouse on West Hickory Street, and the challenges that come with building a wrongful death case in this part of North Texas.

Wrongful death cases can arise from many different types of incidents. Car and truck accidents on US-377 or near Sanger’s FM roads, workplace injuries at construction sites, slip and fall accidents on dangerous property, drunk driving collisions, and catastrophic injuries that lead to death are all situations where a wrongful death claim may apply. Our team has experience with the full range of circumstances that bring Denton County families to our door.

We handle wrongful death cases on a contingency fee basis. That means you pay no attorney fees unless we recover compensation for your family. There are no upfront costs and no hourly bills. Our goal is to make legal representation accessible to families who are already dealing with the financial strain that follows a sudden, unexpected death.

We also understand that a wrongful death case is not just about money. It is about accountability. When a driver, employer, property owner, or company acts carelessly and someone dies because of it, the law provides a way to hold that party responsible. Pursuing a claim is one way families in Sanger and Denton County can seek justice for a loved one who can no longer speak for themselves.

Call Chandler Ross Injury Attorneys at (940) 800-2500 or reach out online to schedule a free consultation. We will listen to what happened, explain your rights under Texas law, and help your family take the next step. Past results in any case do not guarantee the same outcome in your case, as every wrongful death claim depends on its own facts and applicable law.

Content prepared under the supervision of Chandler Ross, principal attorney, Chandler Ross Injury Attorneys, Denton, Texas.

FAQs About Sanger Wrongful Death Claims

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

A wrongful death claim is filed by surviving family members, specifically a spouse, children, or parents, to recover for their own losses caused by the death, such as lost financial support and loss of companionship. A survival action is filed by the deceased person’s estate and covers damages the deceased personally suffered between the time of the injury and death, including medical bills, pain and suffering, and funeral costs. Under Texas Civil Practice and Remedies Code Section 71.021, a survival action allows the personal injury claim the deceased could have filed to continue even after death. Families often pursue both claims at the same time to recover the full range of available damages.

Can I file a wrongful death claim if my loved one died in a workplace accident near Sanger?

Yes, in many situations. If a third party other than your loved one’s employer caused or contributed to the fatal workplace accident, a wrongful death claim may be available against that party. For example, if a defective piece of equipment, a negligent contractor, or a dangerous property condition caused the death, the responsible party can be sued under Texas Civil Practice and Remedies Code Chapter 71. Workers’ compensation may also apply through the employer, but those benefits and a civil wrongful death claim are separate matters. An attorney can help you identify every party that may be liable for your loved one’s death.

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

Texas follows a modified comparative fault rule. Under this system, a wrongful death claim can still proceed even if the deceased person shared some responsibility for the accident. However, if the deceased is found to be more than 50 percent at fault, the surviving family cannot recover damages. If the deceased is found to be 50 percent or less at fault, any damages awarded are reduced by their percentage of fault. Defense attorneys often try to shift blame onto the deceased to reduce or eliminate a family’s recovery, which is one reason having experienced legal representation matters in these cases.

How long does a wrongful death case in Denton County typically take to resolve?

The timeline varies depending on the facts of the case, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve through settlement negotiations within several months. Others, particularly those involving disputed liability or complex damages, may take a year or more. Cases filed in Denton County courts are subject to local docket schedules and procedural rules. Acting quickly after a death helps preserve evidence and gives your attorney more time to build the strongest possible case before any deadlines arrive.

Does a criminal case against the person who caused the death affect a wrongful death civil claim?

A criminal prosecution and a civil wrongful death claim are separate legal proceedings. A criminal case is brought by the state and can result in jail time, fines, or other penalties. A civil wrongful death claim is brought by the surviving family and seeks financial compensation. The outcome of a criminal case does not automatically determine the result of a civil claim. In fact, a person can be acquitted in a criminal case and still be found liable in a civil wrongful death action because the burden of proof in civil court is lower. If the person who caused your loved one’s death is facing criminal charges, your civil claim can still move forward at the same time.

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