When someone you love dies because another person or company was careless, the grief comes with hard practical questions. How will the bills get paid? Who is responsible? What happens next? Daspit Law Firm helps Fort Worth families answer those questions and pursue a wrongful death claim under Texas law.
We offer free consultations 24 hours a day, and we can meet you at home or in the hospital if that is easier. You pay no attorney fee unless we recover compensation for your family. We work with families in English and Spanish.
Fort Worth is one of the fastest-growing cities in the country, and its roads and job sites carry heavy traffic every day. Many of the wrongful death cases we review start on the highways that run through Tarrant County, including I-35W, I-30, I-20, Loop 820, and SH 121. Others begin at warehouses in the Alliance corridor, at construction sites, or at natural gas well pads tied to the Barnett Shale.
Common causes of fatal injuries in and around Fort Worth include:
• Truck and 18-wheeler crashes on freight routes such as I-35W and I-20
• Car, motorcycle, and pedestrian collisions caused by speeding, drunk driving, or texting
• Construction falls, struck-by accidents, and trench collapses
• Industrial and gas well explosions or fires
• Dangerous property conditions and inadequate security
• Defective vehicles, machinery, and consumer products
• Medical errors and dangerous drugs
The Texas Wrongful Death Act, found in Chapter 71 of the Civil Practice and Remedies Code, limits who may bring a wrongful death claim. In general, the claim belongs to the surviving spouse, the children (including adult children and adopted children), and the parents of the person who died. One family member may file on behalf of all of them, or they may file together.
If none of these family members files within three months after the death, the executor or administrator of the estate may generally bring the claim, unless all of them ask that it not be filed. Siblings, grandparents, and other relatives usually cannot bring a wrongful death claim on their own in Texas, which surprises many families.
Texas also allows a separate claim called a survival action under Section 71.021. This claim belongs to the estate and covers the losses your loved one suffered before death, such as conscious pain and suffering, mental anguish, and medical bills. Funeral and burial costs are often part of this claim. Any recovery generally passes through the estate to heirs or under the will.
A wrongful death claim requires the same proof the person who died would have needed to bring an injury claim. In most cases that means showing negligence under Texas law: the defendant owed a duty of care, breached it, and caused the death.
Texas uses proportionate responsibility under Chapter 33. If the person who died is found partly at fault, the family's recovery can be reduced by that percentage, and if that share is more than 50 percent, the family is barred from recovering. Insurance companies often try to shift blame onto the person who died, which is why early investigation matters.
If your loved one died on the job and the employer carried workers' compensation, the family usually receives death benefits through the comp system instead of suing the employer. Texas Labor Code Section 408.001 does allow the surviving spouse and children to seek exemplary damages when the death was caused by the employer's gross negligence or an intentional act. Claims against third parties, such as a negligent driver or equipment maker, can still go forward. If the employer opted out of the system, see our page on non-subscriber work injuries.
No amount of money replaces a person. A wrongful death claim is the way Texas law holds the responsible party accountable and helps the family stay on its feet. Depending on the facts, damages may include:
• Lost earnings, benefits, and financial support the person would have provided
• Loss of household services, such as childcare and home care
• Loss of love, companionship, comfort, and society
• Mental anguish suffered by the spouse, children, and parents
• Loss of the inheritance the person would likely have saved and left to the family
• Funeral, burial, and final medical expenses (often through the survival claim)
In cases involving gross negligence, malice, or fraud, Texas law may also allow exemplary damages under Section 41.003. These require clear and convincing evidence and are subject to statutory caps. Our article on what punitive damages are explains them in more detail.
Most Texas wrongful death claims must be filed within two years of the date of death under Civil Practice and Remedies Code Section 16.003. Some claims have shorter notice deadlines, especially claims against cities, counties, or other government units. Evidence like vehicle data, dashcam video, and work records can disappear in weeks, so it helps to talk with a lawyer early.
Founding attorney John Daspit began his career defending insurance companies. He knows how adjusters value a death claim and the arguments they use to pay families less. He also worked on litigation arising from the BP Texas City refinery explosion, one of the most serious industrial disasters in Texas history.
When you hire us, we handle the legal work so your family can grieve. That includes:
• Investigating the crash or incident, gathering police reports, and preserving evidence
• Working with accident reconstruction, medical, and economic experts
• Identifying every liable party and insurance policy
• Handling estate and beneficiary questions with the family
• Negotiating with insurers and filing suit in Tarrant County courts when needed
Many fatal cases also involve catastrophic injuries that a loved one lived with for days or weeks before passing. We account for those losses too.
You do not have to face the insurance companies alone. Call Daspit Law Firm at (888) 273-1045 or contact us online for a free consultation. We are available 24/7, we can come to you, and there is no fee unless we win your case.
The surviving spouse, children, and parents of the person who died can file a wrongful death claim in Texas. One of them may file for the benefit of all. If none files within three months of the death, the estate's executor or administrator may generally file. Siblings and grandparents usually cannot bring the claim themselves.
In most cases, you have two years from the date of death to file a wrongful death lawsuit in Texas. Claims involving government entities can require written notice in as little as a few months. Because evidence fades quickly, families should speak with a lawyer as soon as they feel able.
There is no set value. It depends on the person's age, earnings, family relationships, the facts of the incident, and available insurance. Damages can include lost support, loss of companionship, mental anguish, and funeral costs. A lawyer can estimate a range after reviewing the evidence, but no one can promise a specific result.
A wrongful death claim compensates the family for their own losses, such as lost support and grief. A survival action belongs to the estate and covers what the person who died suffered before death, such as pain, medical bills, and often funeral costs. Many Texas cases include both claims.
Often, yes. Texas follows proportionate responsibility, so a recovery is reduced by the percentage of fault assigned to the person who died. If that share is more than 50 percent, the family cannot recover. Insurers often overstate the victim's fault, so an independent investigation is important.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.
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At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.
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