Losing someone you love is never easy, but losing them due to someone else's negligence or misconduct makes it even harder to bear. When a fatal accident happens because another person or entity acted carelessly or recklessly, Texas law allows certain family members to file a wrongful death lawsuit.

In Fort Worth and across Texas, wrongful death claims serve a dual purpose: holding the responsible party accountable and providing financial compensation to the surviving family. But navigating the legal system while grieving can feel overwhelming. This guide will walk you through the entire process, from determining who can file to understanding the damages you may be entitled to recover but we do recommend contacting a Fort Worth injury attorney for a consultation.

Understanding Wrongful Death in Texas

A wrongful death occurs when a person dies as the result of another person's or entity's negligent, careless, or intentional conduct. Texas Civil Practice and Remedies Code § 71.002 outlines the individuals who can file and the circumstances under which they can do so.

Wrongful death lawsuits are civil claims, not criminal prosecutions. That means they are handled separately from any criminal charges that may be filed about the death. You don't have to wait for a criminal conviction—or even charges—to file a wrongful death claim.

Common examples of wrongful death cases include:

  • Fatal car, motorcycle, or truck accidents
  • Medical malpractice resulting in death
  • Workplace injuries or industrial accidents
  • Dangerous premises (e.g., slip and fall, drowning)
  • Defective or dangerous products
  • Assault, homicide, or other criminal acts

Step 1: Know Who Can File a Wrongful Death Claim

Texas law is specific about who can file a wrongful death claim. The eligible parties include:

  • The surviving spouse
  • The children (including legally adopted children)
  • The parents of the deceased

These family members can file a lawsuit individually or together as a group. If none of these individuals initiate legal action within three months of the death, the executor or personal representative of the estate may file the claim—unless all eligible beneficiaries request otherwise.

Siblings (even if they are the deceased's only living relatives) are not eligible to file a wrongful death lawsuit in Texas. This limitation often surprises families, which is why it's critical to consult with a Fort Worth injury lawyer early in the process.

Step 2: Be Aware of the Statute of Limitations

Timing is critical. Texas law sets a two-year statute of limitations from the date of the person's death for filing a wrongful death lawsuit. Waiting too long can result in the case being dismissed, even if it's otherwise valid.

There are exceptions, but they're rare and must meet strict criteria. These may include:

  • The plaintiff was a minor at the time of the death
  • Fraud or concealment by the defendant delayed discovery
  • Mental or physical incapacitation prevented timely filing

Your attorney can help determine whether any exception may apply in your situation. But in most cases, it's best to act quickly.

Step 3: Hire a Fort Worth Injury Lawyer

Wrongful death cases involve complicated legal procedures, strict deadlines, and powerful insurance companies. Trying to handle everything on your own while grieving is not only emotionally exhausting—it could also result in you missing out on the compensation your family needs and deserves.

A skilled Fort Worth injury lawyer will:

  • Handle all communication and paperwork
  • Conduct a thorough investigation into your loved one's death
  • Preserve critical evidence and witness statements
  • Identify all responsible parties
  • Calculate appropriate damages
  • Negotiate with insurance companies
  • Represent your interests in court, if necessary

Having an experienced legal advocate on your side can make all the difference in the outcome of your case.

Step 4: Gather Evidence

To succeed in a wrongful death case, you'll need to prove that another party's negligence caused your loved one's death. Evidence is the backbone of your claim. It helps establish liability, causation, and damages.

Types of evidence commonly used in Fort Worth wrongful death cases include:

  • Police reports or accident reconstruction reports
  • Eyewitness statements
  • Photos or videos from the scene
  • Medical records and autopsy reports
  • Employment records or income statements (for loss of future earnings)
  • Expert witness testimony (such as medical or economic experts)

Your lawyer will help you gather, analyze, and present this evidence in the strongest way possible.

Step 5: Identify All Liable Parties

Sometimes, determining who's at fault isn't simple. For example, in a truck accident that results in a fatality, several parties may share responsibility, including the truck driver, the trucking company, a maintenance provider, or even the manufacturer of defective truck parts.

In a medical malpractice case, the liable party might be:

  • The doctor
  • The hospital or clinic
  • A nurse or specialist
  • A pharmaceutical company

Your Fort Worth injury lawyer will investigate the case thoroughly to uncover all parties whose negligence may have played a role. Naming all potentially responsible defendants ensures you don't leave compensation on the table.

Step 6: Calculate Your Damages

The purpose of a wrongful death lawsuit is to compensate surviving family members for their losses. Texas law allows for the recovery of both economic and non-economic damages.

Economic damages may include:

  • Loss of the deceased's income and earning potential
  • Funeral and burial expenses
  • Medical expenses incurred before death
  • Loss of inheritance

Non-economic damages may include:

  • Mental anguish
  • Loss of companionship, love, and support
  • Loss of consortium (for surviving spouses)
  • Emotional distress experienced by the survivors

In cases of gross negligence or willful misconduct, courts may also award exemplary (punitive) damages to punish the defendant and deter similar conduct in the future.

Step 7: File the Wrongful Death Lawsuit

Once your attorney has gathered sufficient evidence and calculated your damages, the next step is to file the official complaint. This document outlines your legal claim and requests compensation. It will be filed in the appropriate civil court—usually in the county where the death occurred.

The complaint must include:

  • The identity of the plaintiffs and their relationship to the deceased
  • A detailed account of how the defendant caused the death
  • A statement of the damages being sought
  • Supporting documentation and legal arguments

Once the lawsuit is filed, the defendant(s) will be served and given a specified amount of time to respond.

Step 8: Discovery Process

After the initial filings, both sides enter the discovery phase. This is where each party shares evidence, takes depositions, and builds their arguments. Discovery can take several months, depending on the complexity of the case.

During discovery, your attorney may:

  • Submit written questions (interrogatories)
  • Request documentation (e.g., medical records, employment files)
  • Depose witnesses, experts, and the defendant
  • Prepare you and your family for deposition, if required

This phase is crucial for uncovering facts and identifying weaknesses in the opposing party's defense.

Step 9: Negotiation or Mediation

In Texas, many wrongful death cases are resolved out of court through negotiation or mediation. Insurance companies may prefer to settle rather than risk a costly trial, especially if the evidence strongly supports your claim.

Mediation involves a neutral third party who helps both sides reach an agreement. This process is less formal than a trial and often less stressful for grieving families.

If a fair settlement is offered, your Fort Worth injury lawyer will review it carefully to ensure it covers all your losses, both current and future.

Step 10: Going to Trial (If Necessary)

If the defendant refuses to offer a fair settlement, your attorney may recommend taking the case to trial. At trial, a judge or jury will hear evidence from both sides and determine whether the defendant is liable and what damages should be awarded.

The trial process includes:

  • Jury selection
  • Opening statements
  • Presentation of evidence
  • Cross-examinations
  • Closing arguments
  • Jury deliberation and verdict

Trials can be emotionally draining, but a strong case backed by evidence and skilled legal representation can result in significant compensation and a sense of justice.

Step 11: Collecting the Judgment or Appealing the Decision

If you win the case, the court will issue a judgment awarding damages. Collecting that money may involve working with the defendant's insurance company, or in some cases, garnishing wages or seizing assets if the defendant does not pay voluntarily.

If the result of the trial is not favorable, you may have the option to appeal the decision. Appeals are based on legal errors made during the trial—not simply disagreement with the outcome. Your lawyer will advise you on whether an appeal is appropriate.

Frequently Asked Questions About Wrongful Death in Fort Worth

What if my loved one was partially at fault?

Texas uses a modified comparative fault rule. If the deceased was 50% or less at fault, you can still recover damages, reduced by their percentage of fault. If they were more than 50% at fault, the claim may be barred.

How long does a wrongful death lawsuit take in Fort Worth?

It varies. Some cases settle within a few months, while others can take over a year if they go to trial—complexity, cooperation from defendants, and court availability all factor in.

Can I still sue if the at-fault party was never charged with a crime?

Yes. Criminal and civil cases are separate. A wrongful death claim does not require criminal charges or a conviction to move forward.

Why You Need a Fort Worth Injury Lawyer

A wrongful death lawsuit is not just a legal process—it's a deeply personal and emotional journey for families seeking justice and closure. The right accident attorney can provide more than just legal experience—they can offer empathy, understanding, and advocacy during one of the most difficult times in your life.

If you're considering filing a wrongful death claim in Fort Worth, don't try to navigate the process alone. A dedicated Fort Worth injury lawyer can fight for your rights, help you hold negligent parties accountable, and work toward securing the compensation your family needs to begin healing.