Wrongful Death Attorney in Canyon, TX

What Qualifies as a Wrongful Death Claim in Texas

Under Texas law, a wrongful death claim arises when a person’s death results from the wrongful act, carelessness, neglect, or default of another person or entity. The death must be caused by negligence or misconduct, not an uncontrollable accident. If the conduct that caused the death would have entitled the deceased to sue for personal injury had they survived, the family may have grounds for a wrongful death claim.

Common case types for Canyon and Randall County families include fatal motor vehicle and commercial truck accidents, oil field and workplace fatalities, deaths caused by dangerous or defective products, and deaths resulting from medical negligence. Two related claims can arise from the same death. A wrongful death claim compensates surviving family members for their own losses. A survival action, filed on behalf of the deceased’s estate, pursues damages the deceased could have recovered had they lived, including medical expenses, physical pain and suffering, mental anguish, and funeral and burial costs. Both claims can be pursued together.

Who Can File a Wrongful Death Lawsuit in Texas

Texas Civil Practice and Remedies Code Section 71.004 limits wrongful death claims to specific family members: the surviving spouse, biological or adopted children, and parents of the deceased. Siblings, grandparents, and other relatives aren’t eligible to file under Texas law.

A surviving spouse may still file even if the marriage was common law. Because Texas doesn’t recognize legal separation, a spouse living apart from the deceased at the time of death is still considered legally married and retains the right to file. A surviving spouse who has since remarried may also still bring the action. Eligible beneficiaries may file individually or together in a single action. If none of the eligible family members file within three months of the death, the executor or administrator of the estate may file on the family’s behalf unless all eligible family members specifically request that no action be brought.

Damages Recoverable in a Texas Wrongful Death Case

The damages available in a Texas wrongful death lawsuit depend on the claimant’s relationship to the deceased and the specific facts of the case. We fight for full and fair compensation across every category available to your family.

Damages that may be recoverable include:

• Emotional pain, mental anguish, and suffering caused by the loss
• The deceased’s lost income, earning capacity, and financial contributions to the household
• Loss of inheritance the deceased would have accumulated
• Value of lost services, including child care, home maintenance, and guidance
• Loss of companionship, society, love, and comfort
• Punitive damages in cases involving gross negligence or a willful act or omission

Texas Filing Deadline for Wrongful Death Claims

Texas Civil Practice and Remedies Code Section 16.003(b) requires wrongful death lawsuits to be filed within two years of the date of death, not the date of the accident or injury. If a loved one was injured but survived for weeks or months before passing away, the two-year period begins on the date of death, not the date of the accident.

Texas courts enforce this deadline strictly. A lawsuit filed even one day late is typically dismissed regardless of how strong the underlying claim is. Limited exceptions exist, including tolling for minor children, incapacitated survivors, or situations involving fraudulent concealment of the cause of death. Our attorneys can evaluate whether any exception applies to your family’s situation.

Building a complete wrongful death case requires gathering medical records, accident reports, witness statements, and expert opinions. The earlier a family contacts us, the better positioned we are to preserve critical evidence and meet the filing deadline without rushing.