Wrongful Death Lawyer in West Texas

Losing someone you love is painful enough. When the loss was caused by another person's carelessness or a company's failure to keep people safe, families are left with grief and with financial uncertainty. The Daspit Law Firm represents families across West Texas in wrongful death claims. We handle the legal fight so you can focus on your family.

What Is a Wrongful Death Claim in Texas?

A wrongful death claim is a civil lawsuit brought when a person dies because of another party's wrongful act, negligence or neglect. It does not replace the grief, but it holds the responsible person or company accountable and helps the family cope with the financial consequences of the loss.

Common Causes of Wrongful Death

•       Car accidents and 18-wheeler accidents

•       Motorcycle accidents

•       Oil field, plant and refinery and construction accidents

•       Medical malpractice

•       Defective products and premises or security failures

Who Can File a Wrongful Death Lawsuit in Texas?

Under Texas law, the surviving spouse, children and parents of the person who died may file a wrongful death claim. If none of them files within three months of the death, the personal representative of the estate may file unless the family asks that no claim be brought. A separate "survival" claim can be brought by the estate for the injuries and expenses the person experienced before death, including medical and funeral costs.

What Compensation Is Available?

•       Funeral and burial expenses

•       Medical expenses related to the final injury or illness

•       Lost income and loss of the financial support the person would have provided

•       Loss of household services and loss of inheritance

•       Loss of companionship, society and guidance

•       Mental anguish for surviving family members

•       Exemplary damages when the death was caused by gross negligence or willful conduct

How Long Do You Have to File?

In most Texas wrongful death cases the lawsuit must be filed within two years of the date of death. Waiting makes evidence harder to find. Surveillance video, vehicle data and workplace records are often kept for a short time, so call a lawyer as soon as you are able.

How the Daspit Law Firm Helps Families

We investigate what happened, preserve evidence, work with accident reconstruction and medical experts, and deal with insurance companies so your family is not pressured into a quick, low settlement. We are available 24/7, offer free consultations and can meet at your home or at the hospital. 

Frequently Asked Questions About Wrongful Death Claims

Who can bring a wrongful death claim in Texas?

A surviving spouse, children or parents. If they do not file within three months, the executor or administrator of the estate may file unless the family requests otherwise. Siblings generally cannot file.

What is the deadline to file a wrongful death lawsuit in Texas?

Generally two years from the date of death. Some situations can change the timing, so speak with a lawyer promptly.

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

A wrongful death claim compensates the family for their own losses, such as lost support and companionship. A survival claim belongs to the estate and covers what the person suffered and the expenses incurred before death.

Can we recover punitive damages?

Texas calls these exemplary damages. They are available when the death was caused by gross negligence or willful conduct, and they are subject to statutory limits.

What if the death happened at work?

If the employer carries workers' comp, death benefits and limited claims against the employer may apply, and claims against third parties may still exist. If the employer is a non-subscriber, a full wrongful death claim may be available. See our pages on workers' compensation and non-subscriber work injuries.

How much does it cost to hire a wrongful death lawyer?

Many wrongful death lawyers work on a contingency basis, meaning no attorney's fee unless there is a recovery. Ask us for the details in your free consultation.