Valley View Wrongful Death Attorney

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Losing someone you love because of another person’s careless or wrongful actions is one of the most painful experiences a family can go through. If you lost a family member in Valley View, Texas, and someone else’s negligence caused that loss, Texas law gives you the right to hold that person accountable. Chandler Ross Injury Attorneys, based in Denton, Texas, represents families in Cooke County and throughout North Texas who are fighting for justice after a wrongful death. Our team is ready to stand beside your family every step of the way. Call us at (940) 800-2500 for a free consultation.

Table of Contents

What Texas Law Says About Wrongful Death Claims in Valley View

Texas law creates a clear legal right for families to pursue compensation when someone’s negligence causes a death. That right comes from Chapter 71 of the Texas Civil Practice and Remedies Code, also called the Texas Wrongful Death Act. Under Texas Civil Practice and Remedies Code Section 71.002, a person is liable for damages when their wrongful act, neglect, carelessness, or default causes another individual’s death. This applies whether the responsible party acted directly or through an agent or employee.

The law covers a wide range of fatal incidents. A deadly car crash on U.S. Highway 77 near Valley View, a truck accident on Interstate 35, a fatal fall at a worksite, or a death caused by negligent security at a local business can all give rise to a wrongful death claim. The common thread in every case is that someone owed a duty of care, they breached that duty, and a person died as a result.

Texas also recognizes the wrongful death of an unborn child. Under CPRC Section 71.001, the definition of “individual” includes an unborn child at every stage of gestation from fertilization until birth. This means families who lose an unborn child due to another’s negligence may also have a valid claim under Texas law.

It is important to understand that a wrongful death claim is a civil lawsuit, not a criminal case. Even if law enforcement does not file criminal charges, your family can still pursue civil liability against the responsible party. The burden of proof in a civil case is lower than in a criminal case, which means more families can succeed in court. As personal injury lawyers serving Valley View and all of Cooke County, Chandler Ross Injury Attorneys knows how to build these cases from the ground up.

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

Texas law limits who can file a wrongful death lawsuit. Section 71.004 limits the action to the surviving spouse, children, and parents of the deceased individual. These are the only parties with standing to bring a wrongful death claim in Texas. Siblings, grandparents, aunts, uncles, and other relatives do not have that right unless they fall into one of the qualifying categories.

Natural or adoptive parents are entitled to recover for the wrongful deaths of their children. Stepparents may not recover for the wrongful death of a stepchild absent legal adoption. The same rule applies in reverse. A stepchild cannot recover for the wrongful death of the stepparent. Neither foster parents nor foster children are beneficiaries within the meaning of the Act unless there has been formal adoption.

One or more eligible family members can bring the lawsuit on behalf of the entire group. The action must be brought by all beneficiaries or by one beneficiary as the representative of the entire class of beneficiaries. Although all the beneficiaries must be represented, it is not required that each beneficiary have knowledge of the action or give consent to pursue it.

If none of these parties file suit within three months of the death, the executor or administrator of the estate may bring the claim on their behalf. This is an important safety net, but it should not be used as an excuse to delay. Evidence fades, witnesses move, and surveillance footage gets deleted. The sooner your family contacts Chandler Ross Injury Attorneys, the stronger your case will be. Call (940) 800-2500 today to talk with our team about your options.

What Damages Your Valley View Family Can Recover in a Wrongful Death Case

Texas law allows wrongful death beneficiaries to recover both economic and non-economic damages. The damages available in a wrongful death claim in Texas include funeral and burial costs, lost earnings and benefits, lost inheritance, lost love and companionship, lost care and services, and emotional pain and suffering. Each category serves a different purpose, and each one reflects a real loss your family has suffered.

Economic damages are the measurable financial losses. Generally, it is held that the amount recoverable is the present value of the pecuniary benefits that the beneficiary reasonably expected to receive from the decedent. Loss of the decedent’s future earning capacity in Texas state courts may be calculated by taking the earning capacity at death and extrapolating it for his life expectancy, taking into account the probable factor of inflation. For a young parent working in Denton County who had decades of earning potential ahead, this number can be significant.

Non-economic damages cover the emotional and relational losses. Mental anguish, loss of companionship, and loss of parental guidance are all recoverable. These losses are real, even if they are harder to put a dollar amount on. Texas juries understand that a parent’s guidance, a spouse’s love, and a child’s presence in a household have genuine value.

In cases involving gross negligence or a willful act, Texas law also allows for exemplary damages. Under CPRC Section 71.009, when a death is caused by willful conduct or gross negligence, the court can award exemplary damages on top of actual damages. This sends a message that reckless behavior has serious consequences.

Texas law also allows a separate survival action under CPRC Section 71.021. A survival action allows the decedent’s estate to pursue claims the decedent could have brought had they lived. The practical implication is that certain damages, like pre-death pain and suffering or the decedent’s own lost earnings, may belong to the estate through a survival action, whereas loss of companionship and financial support flow to beneficiaries via the wrongful death claim. Filing both actions, where appropriate, gives your family access to the full range of compensation available under Texas law.

The Filing Deadline for Valley View Wrongful Death Claims

Time is the most critical factor in a wrongful death case, and Texas law sets a firm deadline. The statute of limitations is two years from the date of death under Texas Civil Practice and Remedies Code Section 16.003. Miss that deadline, and your family permanently loses the right to seek compensation, no matter how strong the case might be.

The clock starts on the date of death, not the date of the accident. The statute of limitations on wrongful death in Texas will not begin until the date of your loved one’s death. Other legal actions may be available starting from the date of the accident. However, filing a wrongful death claim can only take place when a loved one’s death occurs, not the day of the accident. This distinction matters when a person survives an accident for days or weeks before passing away.

There are limited exceptions to the two-year rule. Fraudulent concealment by a defendant, mental incompetency of a beneficiary, or the minority status of a child may toll the statute of limitations. If a minor child lost a parent in a fatal crash on FM 922 near Valley View, for example, the statute of limitations is “tolled” until that child reaches the age of majority, under CPRC 16.001(a)(1). However, other beneficiaries in the same case cannot rely on that tolling period and must still file within two years.

Waiting is always a risk. Evidence from a fatal truck accident on I-35 can disappear quickly. Black box data gets overwritten, security cameras record over old footage, and witnesses’ memories fade. The Denton County District Court handles civil litigation for many surrounding areas, and building a case that holds up there requires early and thorough investigation. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible so we can start preserving the evidence your family needs.

Common Causes of Wrongful Death in Valley View and How Liability Is Established

Wrongful deaths in Valley View and the surrounding Cooke County area happen in many different ways. Fatal car and truck accidents on Interstate 35 and U.S. Highway 77 are among the most common. Commercial trucks traveling through the region pose a serious danger, and when a trucking company or driver acts carelessly, the consequences can be fatal. Workplace accidents at construction sites and oil-related operations in the area also claim lives, as do slip and fall incidents on dangerous property, drunk driving crashes, and cases of nursing home negligence.

Establishing liability in a wrongful death case requires proving four elements. First, the defendant owed a duty of care to the deceased. Second, the defendant breached that duty. Third, that breach directly caused the death. Fourth, the death caused real, measurable damages to the surviving family members. Causation requires linking the defendant’s breach directly to the fatal outcome, often through medical records, accident reconstruction, or expert testimony.

Different types of fatal accidents involve different defendants. A deadly crash caused by a drunk driver on FM 3164 near Valley View may involve both the driver and a business that over-served alcohol under Texas dram shop law. A fatal construction accident may involve a general contractor, a subcontractor, or an equipment manufacturer. A death in a nursing home may involve the facility’s ownership and management. Identifying every responsible party is essential to maximizing your family’s recovery.

Under CPRC Section 71.002, liability can extend to employers, property owners, vehicle operators, and companies whose defective products or unsafe conditions caused a death. If the defendant dies before or during the lawsuit, CPRC Section 71.008 allows the case to continue against the defendant’s estate. The law does not let a wrongdoer’s death end your family’s right to justice.

Chandler Ross Injury Attorneys investigates every angle of a wrongful death case. We work with accident reconstructionists, medical professionals, and financial experts to build a complete picture of what happened and what your family has lost. Past results in any case do not guarantee the same outcome in another matter, as every case turns on its own facts and applicable law. What we do guarantee is that your family’s case will receive our full attention and effort. Call us at (940) 800-2500 or reach out online to get started.

FAQs About Valley View Wrongful Death Attorney

Can I file a wrongful death claim if the at-fault driver was also killed in the crash?

Yes, you can. Under Texas Civil Practice and Remedies Code Section 71.008, if the defendant dies before or during a wrongful death lawsuit, the case can continue against the executor or administrator of that person’s estate. The death of the at-fault party does not end your family’s right to pursue compensation. Chandler Ross Injury Attorneys can help you identify the proper parties and keep your case moving forward.

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

A wrongful death claim compensates the surviving family members, specifically the spouse, children, and parents, for their own losses caused by the death. A survival action belongs to the deceased person’s estate and covers damages the deceased could have claimed had they lived, such as pre-death medical expenses, pain and suffering, and lost earnings before death. Both claims can often be filed together, and doing so gives your family access to the widest range of available compensation under Texas law.

Does Texas cap the amount a family can recover in a wrongful death case?

Texas does not cap economic or non-economic damages in most wrongful death cases. There are caps on non-economic damages in medical malpractice cases under the Texas Medical Liability Act, but those limits do not apply to fatal car accidents, truck crashes, workplace injuries, or most other wrongful death scenarios. In cases involving gross negligence or willful conduct, exemplary damages may also be available under CPRC Section 71.009. Your attorney can explain what limits, if any, apply to your specific situation.

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

Texas follows a modified comparative fault rule under Chapter 33 of the Texas Civil Practice and Remedies Code. If the deceased was partially responsible for the accident, any damages your family recovers are reduced by that percentage of fault. However, as long as the deceased was not more than 50 percent responsible for the accident, your family can still recover compensation. If the deceased is found to be more than 50 percent at fault, the claim is barred. An attorney can help evaluate the facts and present the strongest possible case on your family’s behalf.

How much 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. That means you pay no attorney’s fees unless we recover compensation for your family. There are no upfront costs and no hourly charges. You can call us at (940) 800-2500 to schedule a free consultation and discuss your case at no obligation. Our firm is located in Denton, Texas, and we serve families throughout Valley View, Cooke County, and the surrounding North Texas region. Attorney responsible for this content: Chandler Ross, primary practice location: Denton, Texas.

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