Wrongful Death Attorney Serving Lubbock

Who May Bring a Texas Wrongful Death Claim?

Texas Civil Practice and Remedies Code Section 71.004 identifies the surviving spouse, children, and parents as statutory beneficiaries who may seek their own wrongful death damages. A claim may arise under the Texas Wrongful Death Act when the deceased person could have pursued legal action had they survived.

Eligible family members may bring an action individually or together. If they haven’t filed within three calendar months after the death, the executor or administrator may be required to bring it unless all eligible beneficiaries ask that no action be filed. Family relationships, estate administration, and other case-specific issues can affect how this rule applies.

How Wrongful Death Claims & Survival Actions Differ

A wrongful death claim addresses qualifying losses suffered by statutory beneficiaries because of the death. A survival action continues a claim the deceased person could have brought and belongs to the estate rather than directly to individual family members.

Damages That May Be Available Under Texas Law

Available damages depend on the evidence, each claimant’s relationship to the deceased, and the legal claims involved. Economic damages compensate measurable financial losses, while non-economic damages address personal losses without a fixed market value.

Potential categories of damages may include:

• Lost financial support and earning capacity
• Loss of household care, maintenance, and services
• Loss of companionship, comfort, guidance, and society
• Mental anguish experienced by eligible beneficiaries
• Medical, funeral, and burial expenses when recoverable through the applicable claim

A survival action may include medical expenses, lost wages between injury and death, property damage, and conscious pain and suffering when supported by admissible evidence. Financial records, employment history, medical documentation, testimony about family relationships, and qualified professional analysis may affect the evaluation.

Texas Deadlines & Why Evidence Preservation Can’t Wait

Texas Civil Practice and Remedies Code Section 16.003 generally establishes a two-year limitations period for an action involving an injury resulting in death, measured from the date of death. That period isn’t a complete deadline analysis. Government defendants, minors, estate issues, and other circumstances may create additional requirements or affect the time available.

Evidence preservation shouldn’t wait. Vehicles may be repaired or destroyed, surveillance video can be overwritten, electronic data may disappear, records can be misplaced, and witnesses’ memories may change. An early investigation can identify what needs to be preserved and which deadlines require immediate attention.

Talk with a Texas Wrongful Death Lawyer About Your Next Steps

From our Amarillo office, we represent families in Lubbock and throughout Texas. Our representation combines careful case preparation, Board Certified trial leadership, and the willingness to take serious cases to trial when necessary.

A free, no-obligation consultation can clarify whether the known facts may support a claim and what to do next. Same-day, evening, and weekend appointments are available. There are no upfront attorney fees, and you won’t owe attorney fees unless compensation is recovered.

Call (806) 304-0447 to speak with Wood Law Firm LLP about a fatal accident or suspected wrongful death.