Texas Wrongful Death Attorney

Losing a loved one to someone else’s careless act changes everything in a single moment. Bills start piling up while grief and questions take over the day. Galvan Law Group helps families across Texas hold the responsible party accountable and pursue the compensation the law allows.

A Texas native and Super Lawyers Rising Star, Sabrina Galvan combines deep local roots with substantial legal experience needed to take on insurance companies. See why North Texas trusts Galvan Law Group with their most critical recovery needs.

Texas Wrongful Death Claims: An Explanation

Wrongful death in Texas means a death caused by a person or company’s wrongful act, neglect, carelessness, or default, as defined in Texas Civil Practice and Remedies Code section 71.002. This law creates a path for certain family members to bring a claim and recover damages tied to the loss.

A wrongful death claim is a civil case. It is separate from any criminal charges the at-fault party may face and focuses on financial accountability to the family.

Under Texas law, the surviving spouse, children, and parents of the deceased can file a wrongful death claim. If they do not bring a case within three months, the personal representative of the estate can file, unless the family requests that no action be filed.

Families can also bring a related survival action. That claim seeks damages for the deceased person’s pre-death suffering, such as medical bills and pain, and any recovery becomes part of the estate.

The rules on who can file and when can be confusing at first, so we put the basics in a quick chart below.

Party	Right to File	Notes
Spouse, Children, Parents	Yes	They can file immediately after the death.
Personal Representative	Yes	Can file after three months if family has not filed and does not object.
Estate via Survival Action	Yes	Recovers damages the deceased suffered before death.

If you are unsure about which path fits your family, we can walk through it together and set a plan.

How Galvan Law Group Supports You

We build every case with care and urgency. Sabrina Galvan brings years of injury work and past insurance defense experience, which helps us spot pitfalls early and press the defense where it matters most.

Comprehensive Case Investigation

We collect all relevant evidence, including police reports, medical records, witness statements, 911 audio, photos, and video. When needed, we consult accident reconstruction and economic professionals to explain how the loss happened and what it cost your family.

Sabrina’s background working for insurance defense firms helps us predict common tactics. We prepare the file to meet those tactics head-on and keep the pressure on the insurer from day one.

Once the evidence is gathered, we turn to who should be held responsible and how each party’s conduct contributed to the loss.

Determining All Liable Parties

Some cases involve a single careless driver. Others point to several players, such as a company that failed to train a driver, a contractor that ignored safety rules, or a manufacturer that sold a faulty product.

We look at every layer of responsibility to open all paths to compensation. This helps protect the family from finger-pointing between defendants.

• Individuals, such as negligent drivers or property owners.
• Employers and contractors who failed to follow safety rules.
• Product makers and distributors who released a dangerous item.
• Property managers who allowed hazardous conditions to persist.

When all responsible parties are identified, we move to the value of the claim and what a full recovery should include.

Calculating Full Compensation

Texas law allows recovery for both financial losses and human losses tied to the death. We document the income the family relied on, along with the daily support, guidance, and love that is now gone.

Our team models present and future losses with evidence, not guesswork. We prepare damages in a way that speaks to adjusters, jurors, and judges.

• Medical bills related to the final injury, including funeral and burial costs.
• Lost earnings, benefits, and household services the decedent provided.
• Mental anguish for the family, including loss of companionship, counsel, and care.
• In qualifying cases, punitive damages are awarded for gross negligence or intentional acts.

With the damages supported and documented, we press the insurer to pay what the case demands.

Aggressive Settlement Negotiation and Litigation

We push for a fair settlement supported by evidence. If the insurer refuses to act reasonably, we file suit and present your case to a jury.

Our commitment is steady from start to finish. Your family’s interests come first, and we advocate firmly in court when necessary.

Next, it helps to understand where these cases often start, since the cause often shapes both liability and damages.

Common Causes of Wrongful Death in Texas

Wrongful death cases arise in many settings. The list below highlights the most common causes we see across Texas.

• Motor vehicle crashes, including car, truck, and motorcycle collisions.
• Worksite incidents, especially construction and oilfield events tied to unsafe practices.
• Dangerous or defective products that fail under normal use.
• Premises liability events, such as slip-and-fall accidents, are caused by hazardous conditions.

Whatever the cause, early action helps protect evidence and witness memories.

Statute of Limitations in Texas Wrongful Death Cases

Texas generally gives two years from the date of death to file a wrongful death lawsuit, under Texas Civil Practice and Remedies Code section 16.003. Some exceptions exist, but they are narrow and fact-driven.

Talk to an attorney as soon as you can to secure records, video, and witness contact information. Missing the deadline usually bars recovery forever, which no family wants to face.

After timing, the next question is what losses the law allows you to recover.

Damages Recoverable in a Texas Wrongful Death Claim

Families can pursue pecuniary losses, including lost wages, benefits, household services, and other financial support the deceased would have provided. These numbers can be shown through pay records, tax returns, and testimony from those who knew the family’s routines.

Non-economic damages include mental anguish and loss of companionship, advice, and guidance. In cases involving gross negligence or intentional misconduct, the court can award punitive damages to punish and deter similar conduct.

Clients often have questions on who files, what must be proven, and whether Texas limits recovery, so we cover those below.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Texas?

The surviving spouse, children, and parents can file a wrongful death lawsuit. If none of them file within three months, the estate’s personal representative can file unless the family asks that no case be filed.

Next, the family must prove to win the case.

What must be proven in a wrongful death case?

You must show that the death was caused by the at-fault party’s actions or failures to act, and that those acts were wrongful or negligent under Texas law. You also must show the losses your family suffered, both financial and human.

Another common question asks whether Texas limits the amount a jury can award.

Is there a limit on wrongful death compensation in Texas?

Texas does not cap compensatory damages in wrongful death cases. Punitive damages are generally capped by statute, but exceptions exist in some circumstances.

If you still have questions, we are happy to talk through your situation and options.

Contact Galvan Law Group Today

Your family deserves clear answers and steady advocacy from a team that cares. Sabrina Galvan, a Texas Super Lawyers Rising Star from 2021 through 2025, brings focused wrongful death and personal injury experience to every case.

Please call (214) 556-6957 or visit our website to schedule a free consultation. We welcome your questions, and we are ready to help you take the next step.