Fort Worth Wrongful Death Lawyer
Losing a loved one because of someone else’s negligence is devastating. Families may suddenly face funeral expenses, lost income, unanswered questions, and the emotional impact of losing someone who should still be with them.
A Fort Worth wrongful death lawyer at Parker Law Firm Injury Lawyers can help your family understand your legal rights and pursue accountability from the person, business, or other party responsible for your loved one’s death.
Led by W. Bradley “Brad” Parker, Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, Parker Law Firm Injury Lawyers represents families in Fort Worth, Tarrant County, and throughout Texas in serious personal injury and wrongful death cases.
If you lost a loved one because of negligence, contact Parker Law Firm Injury Lawyers for a free consultation with a Fort Worth wrongful death attorney.
Why Choose Parker Law Firm Injury Lawyers for a Wrongful Death Case?
Wrongful death cases can involve complex questions about liability, insurance coverage, financial losses, and the long-term impact of a death on surviving family members. When the stakes are this high, the experience of the law firm handling the case matters.
Parker Law Firm Injury Lawyers brings decades of experience handling serious personal injury and wrongful death claims in Texas.
Proven Trial Experience Led by W. Bradley “Brad” Parker
Founding attorney W. Bradley “Brad” Parker has practiced law since 1985 and has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 1997.
His professional credentials include:
- Board Certified in Personal Injury Trial Law — Texas Board of Legal Specialization (since 1997)
- Former President, Texas Trial Lawyers Association
- Former President, Tarrant County Bar Association — the only personal injury attorney in Dallas–Fort Worth to have served as president of both organizations
- Fellow — American College of Trial Lawyers
- Member — American Board of Trial Advocates (ABOTA)
- Practicing law since 1985
- AV-rated by Martindale-Hubbell
- Texas Super Lawyer, by Thomson Reuters (2003, 2006 – present)
- Fort Worth Magazine, Top Attorneys (2002 – present)
W. Bradley “Brad” Parker has recovered more than $100 million for injured clients through Parker Law Firm Injury Lawyers and is prepared to pursue serious cases through settlement negotiations and litigation when necessary. Every case is unique, and past results do not guarantee future outcomes.
How Our Fort Worth Wrongful Death Lawyers Can Help
Families dealing with an unexpected death should not also have to manage insurance companies, investigate the accident, preserve evidence, and determine who may be legally responsible.
Our legal team can:
- Investigate the circumstances surrounding your loved one’s death
- Identify individuals, companies, and other parties that may be responsible
- Preserve and gather critical evidence
- Obtain accident reports, medical records, employment records, and other documentation
- Interview witnesses
- Work with appropriate experts
- Evaluate insurance policies and available sources of compensation
- Calculate the financial impact of your family’s loss
- Handle communications with insurers and opposing parties
- Negotiate for a fair settlement
- Prepare the case for trial from the outset
Every wrongful death case is different. Our goal is to understand what happened, determine who was responsible, and build a case that reflects the full impact the loss has had on your family.
What Is Wrongful Death in Texas?
Under Texas law, a wrongful death may occur when a person dies because of another party’s wrongful act, neglect, carelessness, unskillfulness, or default.
In practical terms, a wrongful death claim may arise when the person who died could have pursued a personal injury claim had they survived the incident.
Wrongful death cases can result from many types of preventable accidents and misconduct, including:
- Car accidents
- Commercial truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Workplace accidents
- Construction accidents
- Dangerous premises
- Defective products
- Other accidents caused by negligence or wrongful conduct
Determining whether a wrongful death claim exists requires investigating how the death occurred and whether another person or organization may be legally responsible.
Who Can File a Wrongful Death Claim in Texas?
Texas law generally allows certain surviving family members to pursue a wrongful death claim, including the deceased person’s:
- Surviving spouse
- Children
- Parents
These family members may bring a claim individually or together.
There can also be circumstances in which the personal representative of the deceased person’s estate may pursue claims. Because wrongful death and estate-related claims involve different rights and damages, families should speak with an attorney about which claims apply to their specific situation.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim generally seeks compensation for losses suffered by eligible surviving family members because of their loved one’s death.
A survival action involves a claim the deceased person could have pursued had they survived. Rather than disappearing at death, certain claims may survive through the deceased person’s estate.
Depending on the circumstances, a fatal accident may result in both wrongful death and survival claims.
We have had several cases over the years where the accident did not lead to the immediate death of the deceased. Rather, they may have lived for minutes, days, or even weeks or longer. In those events there exists both a wrongful death and survival cause of action.
A Fort Worth wrongful death attorney can determine which claims may apply and who has the legal authority to pursue them.
What Compensation Can Be Recovered in a Texas Wrongful Death Case?
No amount of money can replace someone you love. A wrongful death claim can, however, seek compensation for the financial and personal losses surviving family members experience because of the death.
Depending on the circumstances, damages may include:
- Lost earning capacity
- Lost financial support
- Loss of care, maintenance, services, support, and advice
- Loss of companionship and society
- Mental pain and anguish
- Lost inheritance
Additional damages may be available depending on the facts of the case and the claims being pursued.
Determining the value of a wrongful death case requires looking beyond immediate expenses. The long-term financial and personal impact of the loss should also be considered. We pride ourselves in getting to know the family of the deceased and learning first hand the immeasurable impact of the loss has had on the family. Only then can we even begin to explain to opposing counsel and a jury what the emotional toll is to the family.
How Much Is a Wrongful Death Case Worth?
There is no standard settlement amount for a wrongful death case in Texas.
The potential value of a claim can depend on factors such as:
- The age of the person who died
- Their income and earning capacity
- Expected future earnings
- The financial support they provided
- Their relationship with surviving family members
- The circumstances surrounding the death
- The strength of the evidence establishing liability
- Available insurance coverage and other sources of recovery
- The damages suffered by surviving family members
An attorney can evaluate the specific facts and evidence to determine which damages may be pursued. At Parker Law Firm Injury Lawyers, we assist the family in understanding what happened and why. In doing so, we develop a relationship with the loved ones of the deceased and get to know them and the impact that the loss has had on them. It is vitally important not to just know what happened that caused the death of the deceased but is critically important to understand the family dynamics and the extent of grief and mourning each person undergoes. Only then can we truly communicate the true loss to a jury.
How Do You Prove a Wrongful Death Claim in Texas?
A wrongful death case generally requires evidence showing that another party was legally responsible for the death and that eligible surviving family members suffered damages because of it.
The evidence needed depends on how the death occurred.
A wrongful death investigation may involve:
- Police and accident reports
- Photographs and videos
- Surveillance footage
- Witness statements
- Medical records
- Vehicle information
- Electronic data
- Employment and financial records
- Company records and safety policies
- Expert analysis and testimony
In serious accidents, important evidence can be lost, destroyed, or overwritten over time. Beginning an investigation early can help preserve information that may become critical to the case. The 2021, I-35 ice-storm pile up in Fort Worth is a perfect example of a case where evidence can be overlooked or lost by simply having a delay in retaining an attorney.
In another case in Irving, Texas on Highway 161, we were hired within a few months after the crash allowing us to gather critical evidence. Notwithstanding, crucial evidence concerning the ECM was not preserved.
In a case involving a motorcycle accident in Arlington on Eden Road, we were contacted within days of the crash and were able to make certain evidence was preserved.
When an accident causing death occurs, the first people called by the Defendants are its lawyers and insurance company. They then have their defense team immediately begin an investigation and review the potential evidence. All too often there is a time gap between when the death of a loved one occurs and contacting an attorney. While understandable, the fact remains, the longer it is before the family contacts an attorney, the more likely vital evidence may disappear or become much more difficult to locate.
Who Can Be Held Liable for a Wrongful Death?
Liability depends on the circumstances surrounding the death.
Potentially responsible parties may include:
- Negligent drivers
- Commercial truck drivers
- Trucking companies
- Employers
- Property owners
- Businesses
- Contractors
- Manufacturers
- Maintenance companies
- Other individuals or organizations whose negligence contributed to the death
Some cases involve more than one responsible party.
Identifying all potentially liable parties is important because each party’s conduct, insurance coverage, and role in causing the death may affect the claim. Often, it may take substantial investigation and discovery to locate all of the proper parties, especially when dealing with corporate entities. Just one more reason why contacting a Board Certified Personal Injury Attorney as soon as possible is so important.
Wrongful Death Claims After Fatal Truck Accidents
Commercial truck accidents can be especially complex because responsibility may extend beyond the truck driver. The DFW metroplex and the surrounding areas have an especially large amount of commercial truck traffic. With the continued development of the Alliance corridor there is an ever increasing amount of commercial freight traffic. Both I-35 corridors – I-35W through Fort Worth and I-35E through Dallas – are jammed with truck traffic as is the US-287 corridor headed to Decatur. The Chisholm Trail Parkway presents peculiar issues with the varying speed limits. Loop 820 is continually being expanded as is Highway 183, which presents all types of construction vehicles.
With all of the new construction and oil production all over the metroplex and surrounding areas, truck traffic continues to increase making driving on a highway one of the most dangerous activities you and your loved ones undertake every day.
Depending on the circumstances, potentially responsible parties may include:
- The truck driver
- Trucking company
- Vehicle owner
- Maintenance provider
- Cargo loading company
- Manufacturer
- Another company involved in the truck’s operation
Evidence may include driver qualification records, hours-of-service information, electronic logging data, maintenance and inspection records, company safety policies, vehicle data, and other records specific to commercial trucking operations.
Parker Law Firm Injury Lawyers handles serious Fort Worth truck accident cases and understands the investigation required when a commercial vehicle crash results in catastrophic injury or death. We have had cases where the drivers disappear entirely – sometimes because they were never properly licensed, sometimes because they are beyond the reach of a Texas subpoena. Commercial vehicles typically have electronic control modules (ECM’s) which have critical data about the operation of the vehicle. That data surprisingly gets lost or overwritten many times when Plaintiff’s experts are not present during the download, simply because the family has not hired an attorney by the time the download takes place.
Wrongful Death After a Fatal Car Accident
A serious car crash can result in a wrongful death claim when another driver’s negligence causes a fatal accident.
Examples may include crashes involving:
- Distracted driving
- Speeding
- Impaired driving
- Reckless driving
- Failure to yield
- Dangerous lane changes
- Running red lights or stop signs
A wrongful death investigation can help determine how the crash occurred and whether another driver or party should be held responsible. This is extremely important because in most instances, the responsible driver only has the minimum state mandated insurance coverage of $30,000 per person, an amount woefully inadequate to compensate the loved ones of the deceased. Additionally, it is becoming all too common for insurance companies not to disclose all policies. Oftentimes we discover additional policies once we perform appropriate searches or take certain depositions of the insurance agents.
In a particular case involving a motorcycle crash on CR 237 in Eastland, Texas, we were able to locate an excess policy providing more potential coverage for the case.
What Happens If More Than One Party Caused the Death?
Some fatal accidents involve the actions of multiple people or companies.
For example, a commercial truck accident could involve allegations against the driver, trucking company, maintenance provider, or another motorist.
Identifying every potentially responsible party can be important to establishing what happened and determining the sources of compensation that may be available.
Let there be no doubt: the sooner that we can get an investigation started, the more likely we are to discover essential facts to support liability.
How Long Do You Have to File a Wrongful Death Lawsuit in Texas?
Texas law imposes a statute of limitations on wrongful death lawsuits. In many cases, the general deadline is two years from the date of death.
However, the deadline that applies to a particular case can depend on its circumstances, and exceptions may affect how much time a family has to bring a claim.
Waiting can create other problems even when the legal deadline has not passed. Evidence can disappear, memories can fade, electronic information can be overwritten, and records may become more difficult to obtain.
Families should speak with a Texas Board Certified Personal Injury Attorney as early as possible to determine the applicable deadline and preserve important evidence whenever a wrongful death is involved.
What Should You Do After the Wrongful Death of a Loved One?
The days and weeks following an unexpected death can be overwhelming. Families do not need to understand every aspect of the legal process immediately.
However, when another party may have caused the death, preserving available information can be important.
This may include accident reports, photographs, correspondence with insurance companies, medical documentation, employment information, receipts, and other records related to the incident and resulting losses. It can include downloading the ECM from the vehicles, getting an accident reconstructionist to the site, gathering witness statements, and so much more.
Unfortunately, we have routinely seen the insurance companies for the at fault party contact the family members in an attempt at settling the wrongful death claim early and on the cheap. This type of behavior is deplorable but happens with more frequency than you might think. Even if you do not sign anything, in Texas oral agreements over the phone can be binding. That is why we recommend you never speak to the insurance company or adjusters before you speak with a Board Certified Personal Injury Attorney to learn exactly what your options are and how you should best proceed.
Never accept a settlement or sign documents presented by an insurance company without speaking with a wrongful death attorney about your family’s rights and the potential value of the claim. You would never operate on yourself – don’t try and settle a wrongful death claim by yourself.
Frequently Asked Questions About Wrongful Death in Texas
How do I know if I have a wrongful death case?
A wrongful death claim may exist when a person dies because of another party’s negligence, wrongful act, carelessness, unskillfulness, or default. An attorney can investigate what happened and determine whether another person or organization may be legally responsible.
Many times through our investigations we learn that what seemed just an unfortunate accident turns out to be something much more involved. Our investigations have led us to the real reason a truck was parked on a shoulder of a highway; the reason a cooling system suddenly fell off a jet bridge at the DFW airport; the speed a trucker had been driving for the hour before the crash on I-35W in Fort Worth; the recalls that had been issued; the safety standard that had been violated; and so much more.
Who can file a wrongful death lawsuit in Texas?
Texas law generally permits the surviving spouse, children, and parents of the deceased person to pursue a wrongful death claim. Other estate-related claims may have different requirements.
How long do I have to file a wrongful death claim in Texas?
The general statute of limitations for many Texas wrongful death claims is two years from the date of death, but exceptions may apply. An attorney should evaluate the specific circumstances to determine the applicable deadline.
Just because the statute of limitations is two years should not be a reason to hold off on consulting an attorney immediately. So much can happen to the evidence and the ability to prove negligence over a seemingly short time of a couple of weeks or months.
What damages can a family recover for wrongful death?
Depending on the case, compensation may include lost earning capacity, lost financial support, loss of care and services, loss of companionship and society, mental pain and anguish, and lost inheritance.
How much is a wrongful death case worth?
There is no fixed value. The amount depends on factors including the deceased person’s age and earning capacity, family relationships, financial contributions, circumstances of the death, available insurance or assets, and evidence establishing liability and damages.
It is the intangibles that so often guide these cases. The relationship between the deceased and their parents, spouse or children are extremely important. Where the suit is filed can also make a big difference. Juries in Tarrant County are very different from juries in Dallas County, Parker County, Denton County or any other surrounding counties. Judges of the various courts are also very different. Venue matters.
Can multiple parties be responsible for a wrongful death?
Yes. Some fatal accidents involve multiple responsible parties. A truck accident, for example, could involve potential liability for the driver, trucking company, vehicle owner, maintenance company, or other parties.
Do I need a lawyer for a wrongful death claim?
Texas law does not require every claimant to hire an attorney, but wrongful death cases can involve complicated questions of liability, damages, insurance coverage, evidence, and procedural deadlines. An attorney can investigate the claim, handle insurers and opposing parties, and pursue compensation on the family’s behalf. As any aspect of the law, wrongful death claims are inherently intricate and complicated. Trying to handle the claim yourself would be like trying to set your own arm after it is broken. You can probably do it but it is going to be very painful, most likely cause more harm than it fixes, and ultimately require you to see a doctor in the end.
How much does it cost to speak with Parker Law Firm Injury Lawyers?
Parker Law Firm Injury Lawyers offers free consultations for potential wrongful death and personal injury cases. Contact the firm to discuss what happened and learn about your family’s legal options.
We have an absolute commitment to provide straightforward and candid information based on the unique circumstances of each case. Regardless of whether you hire Parker Law Firm Injury Lawyers or not, we are here to help provide information and offer guidance. There is never a charge for talking. And you owe it to yourself to compare credentials because who you ultimately hire matters.
Speak With a Fort Worth Wrongful Death Lawyer
Losing someone you love can affect every part of your family’s life. When the death was caused by another person or company’s negligence, you deserve answers about what happened and what legal options are available.
Parker Law Firm Injury Lawyers represents families in Fort Worth, Tarrant County, and throughout Texas in wrongful death and serious personal injury cases.
Led by W. Bradley “Brad” Parker, Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, and a former president of both the Texas Trial Lawyers Association and the Tarrant County Bar Association, our legal team has the experience to investigate complex cases, identify responsible parties, and pursue the compensation available under Texas law.
Credentials are important and W. Bradley “Brad” Parker will stack his against anyone, but you should also meet the attorney that is going to represent you before you hire them. Make certain that not only the lawyer but the entire team aligns with your expectations and that you feel comfortable interacting with them. Litigation and effective communication are difficult and who you hire will matter.
Contact Parker Law Firm Injury Lawyers today for a free consultation with a Fort Worth wrongful death lawyer.
Related Practice Areas
Our personal injury law firm in Fort Worth, TX also provides:
- Fort Worth Truck Accident Lawyer
- Fort Worth Brain Injury Lawyer
- Fort Worth Car Accident Lawyer
- Fort Worth Catastrophic Injury Lawyer
- Fort Worth Motorcycle Accident Lawyer
- Fort Worth Pedestrian Accident Lawyer
- Fort Worth Construction Accident Lawyer
What Our Fort Worth Clients Are Saying About Us
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Visit Our Fort Worth, TX Personal Injury Law Office
Parker Law Firm Injury Lawyers – Fort Worth Office
209 N Hampton St, Fort Worth, TX 76102
(817) 839-3143
Hours of Operation
Monday – 8:00 AM – 5:00 PM
Tuesday – 8:00 AM – 5:00 PM
Wednesday – 8:00 AM – 5:00 PM
Thursday – 8:00 AM – 5:00 PM
Friday – 8:00 AM – 5:00 PM
Saturday – Closed
Sunday – Closed
