Questions Dallas Families Ask About Wrongful Death Claims

The surviving spouse, children and parents of the person who died (Civil Practice and Remedies Code 71.004(a)). Any one of them may bring the suit for the benefit of all of them (71.004(b)).

Not the wrongful death claim itself: 71.004 lists only the spouse, children and parents. The estate’s separate survival claim (71.021) can pass to the heirs, which may include other relatives.

Generally two years from the date of death (16.003(b)). Claims against a government body can need written notice within six months (101.101). See our page on the Texas wrongful death statute of limitations.

The claim the person who died had for their own injury does not end at death. It passes to the heirs, legal representatives and estate (71.021). It is separate from the family’s wrongful death claim, and many families have both.

If none of the spouse, children or parents has sued within three calendar months of the death, the executor or administrator must bring the suit, unless all of them ask that it not be filed (71.004(c)).

Under the Wrongful Death Act, death includes an unborn child’s failure to be born alive (71.001), so a family may have a claim when a pregnancy was lost through someone else’s carelessness.

Possibly. A family can recover if the person who died was 50 percent or less responsible, and any recovery is reduced by that share (33.001 and 33.012).

Where a death was caused by a wilful act or omission or by gross negligence, the spouse, children and parents may seek exemplary damages (71.009). They need clear and convincing evidence and a unanimous jury (41.003), and they are capped by statute (41.008).

The jury divides the damages among the spouse, children and parents in the shares it decides (71.010).

The investigating officer files the CR-3 report with TxDOT within 10 days (Transportation Code 550.062). People involved and their authorized representatives can buy a copy from TxDOT’s online crash report system for a small fee.

If the employer did not carry workers’ compensation insurance, it cannot argue that the worker was negligent, assumed the risk, or was hurt by a co-worker’s negligence (Labor Code 406.033(a)). Another company on the site may also be responsible.

Nothing. The consultation is free and commits you to nothing. No Fees or Costs Unless We Win: the firm advances case costs, and your family owes no attorney’s fee and no case costs unless money is recovered.

Not always. Many claims are resolved without a trial, but no one can promise that. If a fair resolution is not offered, we can file suit in Dallas County or in federal court in Dallas.

An insurer’s first offer is only an offer, and the family does not have to accept it. Before you sign a release or accept a payment, you can have a lawyer read it with you, because a release usually ends the claim.

Possibly. Uninsured and underinsured motorist coverage must be part of every Texas auto policy unless a named insured rejected it in writing (Insurance Code 1952.101), so your family’s own policy may help.

Our Dallas office team, led by Michael Uvalle with attorneys Rolando Reyna, Jr. and Joseph Massey. Michael Uvalle is the attorney responsible for this website; his primary practice location is Dallas, Texas.