Fatal Vehicle Accidents
Car, truck, motorcycle, pedestrian, bicycle, bus, and commercial vehicle collisions can result in wrongful death claims when legally actionable conduct causes a fatal injury.
Dallas–Fort Worth Wrongful Death Attorney
A life was lost.
The answers matter.
When a family loses someone because of another person's or company's wrongful act, neglect, carelessness, unskillfulness, or default, Texas law may provide a civil wrongful death claim.
The Piri Law Firm represents families in Dallas–Fort Worth and North Texas after fatal accidents and injuries. We investigate what happened, identify potentially responsible parties, preserve evidence, and evaluate the financial and personal losses recognized under Texas law.
InvestigationDetermine how the death occurred
ResponsibilityIdentify potentially liable parties
Family LossDocument legally recognized damages
Estate IssuesEvaluate related survival claims
North TexasDallas · Fort Worth
Direct Answer
Who can bring a wrongful death claim in Texas?
Under Texas law, a wrongful death action is for the exclusive benefit of the deceased person's surviving spouse, children, and parents. One or more of those beneficiaries may bring the action for the benefit of all, and the personal representative of the estate may bring it in certain circumstances if eligible beneficiaries do not file within the statutory period described by Texas law.
Texas Wrongful Death Claims
The case is about more than how someone died.
A wrongful death investigation should establish the circumstances that caused the death and the relationship between those facts and the responsible party's conduct. It should also document what the loss means to the family members entitled to pursue the claim.
Workplace & Construction Incidents
Fatal incidents involving worksites or construction operations can require investigation of employers, contractors, property conditions, equipment, and other potentially responsible parties.
Dangerous Property Conditions
Fatal injuries occurring on property may require investigation of ownership, control, the condition that caused the incident, and the legal duties that applied under the circumstances.
Company Conduct
Businesses may become part of the investigation when an employee, commercial vehicle, company policy, work activity, or other corporate conduct contributed to the fatal event.
Multiple Responsible Parties
Some fatal incidents involve several people or entities. Each potentially responsible party and available source of recovery should be evaluated.
Survival Claims
A wrongful death claim belongs to statutory beneficiaries, while a related survival action may preserve a claim the deceased person could have pursued had the person survived. The two claims address different losses.
The Evidence Matters
Families deserve an investigation built on evidence.
Fatal incidents often require gathering information from multiple sources. The investigation may include physical evidence, photographs, video, witness accounts, governmental records, company records, electronic data, medical documentation, and other materials relevant to determining what happened and who may be responsible.
01Accident and incident evidence
02Witness statements and available video
03Company or vehicle records when relevant
04Medical, investigative, and death records
05Evidence documenting the family's losses
Building The Case
Establish what happened. Then document what was lost.
Wrongful death litigation requires both liability evidence and evidence concerning the losses recognized by Texas law. The investigation should address each separately and connect both to the underlying facts.
Investigate the death.
Determine how the fatal incident occurred and identify the physical, documentary, digital, and testimonial evidence relevant to the event.
Identify responsible parties.
Evaluate the conduct of individuals, companies, property owners, commercial operators, and other potentially responsible parties.
Identify the proper claims.
Determine the statutory wrongful death beneficiaries and evaluate whether a related survival action or estate issue is also involved.
Document the family's losses.
Develop evidence concerning financial contributions, services, care, support, companionship, society, mental anguish, and other damages potentially recoverable under Texas law.
Wrongful Death Damages
The law cannot replace a person. It can recognize the loss.
Texas wrongful death damages may include losses such as lost earning capacity, lost care, maintenance, support, services, advice and counsel, loss of love, companionship, comfort and society, mental pain and anguish, and loss of inheritance when supported by the facts and applicable law.
Depending on the circumstances, a related survival action may address damages belonging to the deceased person's estate. Punitive or exemplary damages can involve additional statutory requirements and are not available in every case.
Frequently Asked Questions
Texas wrongful death questions.
Who can file a wrongful death lawsuit in Texas?
Texas law identifies the surviving spouse, children, and parents of the deceased as wrongful death beneficiaries. One or more beneficiaries may bring the action for the benefit of all eligible beneficiaries, subject to the applicable statutory rules.
Can brothers or sisters bring a Texas wrongful death claim?
Texas's wrongful death statute identifies the surviving spouse, children, and parents as beneficiaries. Siblings are not included in that statutory beneficiary group merely because they are brothers or sisters of the deceased.
What is the difference between wrongful death and a survival claim?
A wrongful death action seeks damages suffered by qualifying family members because of the death. A survival action generally continues a personal claim the deceased person could have pursued had the person survived, with recovery belonging to the estate rather than the wrongful death beneficiaries individually.
What damages can a family recover in a wrongful death case?
Depending on the facts and applicable law, damages may include lost earning capacity, care, maintenance, support, services, advice, counsel, companionship, society, mental anguish, and loss of inheritance. The available damages depend on the evidence and the beneficiary's relationship to the deceased.
Can there be a wrongful death claim if criminal charges were never filed?
A wrongful death case is a civil action. Whether a viable civil claim exists depends on the applicable civil law and evidence, and does not necessarily depend on whether criminal charges were filed.
How long do you have to file a wrongful death lawsuit in Texas?
Texas generally provides a two-year limitations period for wrongful death claims, but statutory exceptions and other circumstances can affect the deadline. Evidence can also disappear much sooner, so the applicable deadlines should be evaluated for the specific case.
Confidential Consultation
Has Your Family Lost Someone?
Tell us what happened, when and where the death occurred, who may have been involved, what information your family has received, and what evidence or records are currently available.
Start with what your family knows.
Accident reports, photographs, witness information, company or insurance correspondence, medical records, death records, employment information, and other available documents can help begin the evaluation.
Request a Consultation → Call 833-FOR-PIRIContacting the firm does not create an attorney-client relationship.