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Losing someone you love because of another person’s careless or reckless actions is one of the hardest things a family can go through. You are grieving, and at the same time, you may be facing medical bills, funeral costs, and the sudden loss of financial support. Texas law gives surviving family members the right to hold the responsible party accountable. If your loved one died in Sherman or anywhere in Grayson County due to someone else’s wrongful conduct, the personal injury lawyers at Chandler Ross Injury Attorneys in Denton, Texas are ready to help your family fight for justice. Call us today at (940) 800-2500 for a free consultation.
Table of Contents
- What Texas Law Says About Wrongful Death Claims in Sherman
- Common Causes of Wrongful Death in the Sherman, Texas Area
- What Damages Can a Sherman Wrongful Death Claim Recover
- The Two-Year Deadline to File a Wrongful Death Lawsuit in Texas
- Why Sherman Families Choose Chandler Ross Injury Attorneys
- FAQs About Sherman Wrongful Death Attorney
What Texas Law Says About Wrongful Death Claims in Sherman
Texas Civil Practice and Remedies Code (CPRC) Chapter 71 is the state’s wrongful death statute. It gives surviving family members the legal right to seek compensation when a person dies because of someone else’s wrongful act, neglect, carelessness, or unskillfulness. Under CPRC Section 71.002, a person is liable for damages when their wrongful conduct, or the conduct of their agent or employee, directly causes another person’s death.
The law covers a wide range of situations. A negligent driver on US-75 near Sherman, an unsafe property owner near Lake Texoma, a reckless truck operator on US-82, or a negligent employer at a local worksite can all be held responsible under this statute. The law does not limit wrongful death claims to one type of accident or one type of defendant.
Under CPRC Section 71.004, the right to bring a wrongful death claim belongs to the surviving spouse, children, and parents of the deceased. These beneficiaries may file together or separately. If none of them files within three months of the death, the personal representative of the deceased’s estate may file on their behalf, unless the eligible family members have asked the representative not to do so.
Texas also recognizes a survival action under CPRC Chapter 71, Subchapter B. This is a separate legal claim that allows the estate to recover damages the deceased person suffered before death, such as medical expenses and pre-death pain and suffering. A wrongful death claim and a survival action can often be filed together, which means your family may be able to recover a broader range of compensation through a single legal proceeding.
Understanding how these two claims work together is important. Many families do not realize they have both options available. An experienced wrongful death attorney can review your situation and make sure your family pursues every avenue the law allows.
Common Causes of Wrongful Death in the Sherman, Texas Area
Wrongful death claims in Sherman and Grayson County arise from many different types of incidents. The cause of death does not have to be dramatic or unusual. What matters is whether another party’s negligence or misconduct caused your loved one to lose their life.
Car accidents are one of the most common causes of wrongful death in North Texas. US-75, US-82, and State Highway 289 all pass through or near Sherman, and high-speed collisions on these roads can be fatal. A driver who runs a red light, drives while intoxicated, or follows too closely can be held liable under Texas law. Drunk driving accidents, in particular, carry serious legal consequences for the at-fault driver.
Truck accidents are another leading cause of fatal injuries in this area. Large commercial trucks traveling through Grayson County on major corridors can cause catastrophic damage in a crash. When a trucking company cuts corners on maintenance or pushes a driver past legal hours-of-service limits, the company itself can share liability for a resulting death.
Workplace accidents, including construction site injuries and oil field incidents, also give rise to wrongful death claims. Texas has a significant industrial and energy sector, and dangerous job sites near Sherman are not uncommon. When an employer fails to provide a safe working environment, surviving family members may have a valid claim.
Other causes include slip and fall accidents on dangerous premises, nursing home abuse and neglect, dog attacks, pedestrian accidents, and traumatic brain injuries caused by another party’s carelessness. If your loved one suffered a catastrophic injury that ultimately led to their death, the same legal principles apply. Each of these scenarios involves a duty of care that was breached, and Texas law holds the responsible party accountable for the consequences.
If you are not sure whether your family’s situation qualifies as a wrongful death claim, call Chandler Ross Injury Attorneys at (940) 800-2500. We will review the facts at no cost to you.
What Damages Can a Sherman Wrongful Death Claim Recover
Texas law allows surviving family members to seek both economic and non-economic damages in a wrongful death claim. These are the actual financial losses and the personal losses that a family suffers when a loved one dies due to another party’s negligence.
Economic damages include the loss of the deceased’s financial contributions to the household. This covers past and future lost earnings, lost benefits such as health insurance or retirement contributions, and the value of household services the deceased provided. If your spouse handled childcare, home maintenance, or financial planning, those contributions have real monetary value under Texas law.
Families can also recover the cost of medical care the deceased received before death. If your loved one survived for hours or days after the incident, those hospital bills are part of your recoverable damages. Funeral and burial expenses are also compensable.
Non-economic damages address the personal loss each family member suffers. Under CPRC Chapter 71, surviving spouses, children, and parents can each recover for their own mental anguish, grief, loss of companionship, and loss of the care, comfort, and guidance the deceased provided. These damages are personal to each family member and are not capped in most wrongful death cases under Texas law.
Through a survival action filed alongside the wrongful death claim, the estate can also recover for the deceased’s own pain and suffering, medical expenses, and any lost wages between the date of injury and the date of death.
Every family’s situation is different. The amount and type of damages available depend on the specific facts of your case, the age and earning capacity of the deceased, and the nature of the relationship between the deceased and each surviving family member. Past results in other cases cannot guarantee a specific outcome in your case, but working with a knowledgeable attorney gives your family the best chance to recover what the law allows.
The Two-Year Deadline to File a Wrongful Death Lawsuit in Texas
Texas law gives most families two years from the date of their loved one’s death to file a wrongful death lawsuit. This deadline is set by the Texas statute of limitations, and it applies to claims filed in Grayson County District Court, which handles civil matters for Sherman and the surrounding area. Grayson County is located just 60 miles north of Dallas in the North Texas region. The Grayson County Courthouse, located at 100 W. Houston Street in Sherman, is where wrongful death lawsuits for this area are typically filed.
Missing this two-year deadline almost always means losing the right to sue entirely. Once the deadline passes, a court will likely dismiss the case regardless of how strong the evidence is. The responsible party walks away without being held accountable in civil court.
There are limited exceptions that can pause or extend the deadline. If the cause of death was not immediately apparent, the discovery rule may apply, meaning the clock starts when the family knew or reasonably should have known the cause. If a minor child is among the beneficiaries, the statute of limitations may be tolled, or paused, until that child reaches the age of 18. These exceptions are narrow, and courts review them carefully on a case-by-case basis.
Two years may sound like plenty of time, but wrongful death cases require significant preparation. Evidence must be gathered, witnesses must be identified, accident scenes must be documented, and expert opinions may be needed. Waiting too long can allow critical evidence to disappear. Surveillance footage gets deleted. Witnesses’ memories fade. Physical evidence is lost or destroyed.
Starting the process early protects your family’s claim. If your loved one recently passed away due to someone else’s negligence in Sherman or anywhere in Grayson County, contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible. Time matters in these cases.
Why Sherman Families Choose Chandler Ross Injury Attorneys
Chandler Ross Injury Attorneys is a personal injury law firm based in Denton, Texas, serving families throughout North Texas, including Sherman and Grayson County. We handle wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family. There are no upfront costs and no hourly charges.
We understand that no amount of money can replace the person you lost. But holding the responsible party accountable matters. It can provide financial stability for your family, cover the costs that have piled up since your loved one’s death, and send a message that negligent conduct has real consequences.
Our team investigates every case thoroughly. We gather police reports, medical records, witness statements, surveillance footage, and any other evidence that supports your claim. When commercial vehicles or large companies are involved, we dig into maintenance logs, employment records, and company policies. We work with medical and financial experts to build a complete picture of your family’s losses.
We also understand the local area. Whether the accident happened near Lake Texoma, along US-75 in Sherman, on the roads near Austin College, or at a worksite in Grayson County, we know the roads, the courts, and the legal process that applies to your case. The Grayson County Courthouse on Houston Street in Sherman is where many of these cases are litigated, and we are prepared to take your case as far as necessary to fight for your family.
Wrongful death cases are among the most serious legal matters a family will ever face. You deserve a legal team that treats your case with the seriousness it deserves. Call Chandler Ross Injury Attorneys at (940) 800-2500 today. Our consultations are free, and we are here to help.
FAQs About Sherman Wrongful Death Attorney
Who can file a wrongful death lawsuit in Texas?
Under Texas Civil Practice and Remedies Code Section 71.004, the surviving spouse, children, and parents of the deceased have the right to file a wrongful death claim. They may file together or individually. If none of these family members files within three months of the death, the personal representative of the deceased’s estate may file on their behalf, unless the eligible family members specifically ask the representative not to do so.
How long do I have to file a wrongful death claim in Sherman, Texas?
In most cases, Texas law gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. This deadline is strict. If you miss it, a court will almost certainly dismiss your case and you will lose the right to seek compensation. There are limited exceptions, such as cases involving minor children or situations where the cause of death was not immediately known, but these are reviewed carefully by courts. Contact an attorney as soon as possible to protect your family’s rights.
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 to compensate them for their own losses, such as grief, loss of companionship, and lost financial support. A survival action is filed by the deceased’s estate to recover the losses the deceased personally suffered before death, including medical bills, pre-death pain and suffering, and lost wages. Both claims arise from the same incident and can often be filed together in the same lawsuit.
What types of incidents can lead to a wrongful death claim in Sherman?
Any incident caused by another party’s negligence or wrongful conduct can give rise to a wrongful death claim. Common examples include car and truck accidents on roads like US-75 or US-82, workplace accidents at construction or industrial sites, slip and fall incidents on dangerous properties, drunk driving collisions, nursing home abuse or neglect, and pedestrian accidents. The key legal question is whether the responsible party had a duty of care, breached that duty, and whether that breach directly caused your loved one’s death.
Does it cost anything to talk to a wrongful death attorney at Chandler Ross Injury Attorneys?
No. Chandler Ross Injury Attorneys offers free consultations for wrongful death cases. The firm also works on a contingency fee basis, meaning you pay no attorney fees unless compensation is recovered for your family. There are no upfront costs or hourly charges. To speak with our team about your family’s situation, call (940) 800-2500 today.
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