Most families have never been part of a lawsuit, and the word itself can feel heavy. A wrongful death lawsuit in Texas is a set of steps with rules for each one, and the family stays in charge of the important decisions throughout. This article explains those steps, for families in Dallas and across Texas.
Before any suit: the claim
Many wrongful death matters begin as a claim to an insurance company, not as a lawsuit. The family’s lawyer gathers the crash report, records and evidence, identifies every person and company that may be responsible and every insurance policy that may apply, and presents the claim. Some claims are resolved at this stage. Others are not, and then a suit is filed.
Who files the suit
The suit is brought by or for the surviving spouse, children and parents (Civil Practice and Remedies Code 71.004). Any one of them may bring it for all of them. If none of them has filed within three calendar months, the executor or administrator must, unless all of them ask that it not be filed (71.004(c)). The estate’s survival claim (71.021) is usually brought in the same suit.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
When it must be filed
Generally within two years of the date of death (16.003(b)). If the claim is not resolved in time, the suit is filed before the deadline. Claims against a government body can need written notice within six months (101.101).
Where it is filed
In Dallas County, a wrongful death suit is usually filed in the civil district courts at the George L. Allen, Sr. Courts Building, 600 Commerce Street. Some cases can be heard in federal court; in Dallas that is the U.S. District Court for the Northern District of Texas.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Fault, and the 50 percent rule
Texas uses modified comparative fault. A family can recover only if the person who died was 50 percent or less responsible, and any recovery is reduced by that share (33.001, 33.012). A defendant may ask the court to name a responsible third party to share the blame, generally at least 60 days before trial (33.004(a)). Much of a lawsuit is about the evidence on these questions.
Truck cases are tried in two phases
If a commercial truck was involved, a 2021 Texas law lets the defendant ask for the trial to be split: compensatory damages are decided first and exemplary damages second (72.052). Evidence that a safety regulation was broken is admitted in the first phase only if it tends to prove that the breach caused the death (72.053).
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
What the jury decides
If the case reaches trial, the jury decides who was responsible and in what share, and whether damages are owed. It divides any damages among the spouse, children and parents in the shares it decides (71.010). Exemplary damages require clear and convincing evidence and a unanimous jury (41.003) and are capped by statute (41.008).
What the family decides
The family decides whether to bring the claim, whether to file suit, and whether to accept any offer. A lawyer advises, but the decision is yours. We tell families plainly what the evidence shows and what each choice means, and we never pressure a family either way.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Talking with us
The consultation with our Dallas office is free and private. 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. Read more in the Texas Wrongful Death Act in plain words, or ask for a call back.
How long a lawsuit can take
No one can say in advance how long a particular case will take. It depends on how quickly the evidence can be gathered, how many companies and insurers are involved, and the court’s own schedule. We give families an honest sense of the next step and its likely timing, and we keep them informed as things change.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Evidence a lawsuit can reach
Once a suit is filed, the court’s rules let each side ask the other for documents and testimony. For a truck case that can include the carrier’s electronic logs, which federal rules require it to keep for at least six months (49 CFR 395.8(k)), its driver qualification file (391.51) and its inspection and maintenance records (396.3). This is one reason a preservation demand is sent early, before suit.
Responsible attorney for this page: Michael Uvalle, LAWBOSS – Harris, Nelsen & Uvalle, PLLC, primary practice location Dallas, Texas. This page is general information, not legal advice.
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