Losing someone you love because another person acted carelessly or made a reckless choice is one of the hardest things a family can go through. If that loss happened in Fort Worth, you deserve answers. You also deserve the opportunity to hold the responsible person or company accountable.
A Fort Worth wrongful death accident lawyer at AMS Law Group can help guide your family through this painful time. While no legal case can bring your loved one back, it can offer a way to seek compensation for what was taken from you. You don’t have to deal with the insurance companies or legal system on your own. We invite you to contact AMS Law Group today for a free consultation.
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What Is a Wrongful Death Claim in Texas?
Texas law defines a wrongful death as any situation where someone dies because of another party’s wrongful act, neglect, or default. That can mean anything from a deadly car crash to a fatal fall caused by poor property maintenance. These claims fall under the Texas Civil Practice and Remedies Code.
Who Can File a Wrongful Death Lawsuit
Under Texas law, only certain family members can file a wrongful death lawsuit. This includes the spouse, children, or parents of the person who died. Adopted children and adoptive parents may also qualify, as long as the legal relationship was in place when the person passed away.
If none of these family members file a lawsuit within three months of the death, the executor of the estate can file one instead, unless all the family members agree not to move forward with the claim.
Difference Between Wrongful Death and Survival Claims
A wrongful death claim helps the surviving family members recover for their own losses. A survival claim, on the other hand, seeks recovery for the pain and losses the person experienced before they died. That might include hospital bills, lost income, or suffering in the final days. The estate usually brings this type of claim.
Common Causes of Wrongful Death in Fort Worth
Wrongful death accidents happen in many different ways across Fort Worth. They often come without warning and leave families reeling. Below are some of the most common situations that lead to fatal accidents in the area.
Car Accidents
Car crashes remain one of the top causes of wrongful death in Fort Worth. High-speed wrecks on highways like Loop 820 or collisions on residential streets near the TCU campus have deadly consequences.
Truck Accidents
Semi-trucks and commercial vehicles travel through Fort Worth on I-30 and I-20 daily. When drivers make mistakes or trucking companies cut corners, accidents can lead to fatal outcomes.
Motorcycle Accidents
Motorcyclists have little protection in a crash. A collision on Camp Bowie Boulevard or near Montgomery Plaza can quickly become deadly, especially if a car driver wasn’t paying attention.
Pedestrian Accidents
People on foot are especially vulnerable. Crosswalks in busy areas like the West 7th Street District are common places where drivers strike pedestrians, sometimes fatally.
Drunk Driving Accidents
Drunk drivers make poor decisions that affect everyone around them. Whether it’s leaving a bar on East Lancaster Avenue or driving home from the Stockyards, intoxication often leads to deadly crashes.
Rideshare Accidents
Uber and Lyft vehicles are everywhere in Fort Worth. When a rideshare driver or another motorist causes a fatal crash, families may struggle to understand who is responsible.
Slip and Fall Accidents
Slips and falls don’t always seem dangerous at first, but they can be fatal for older adults or those with existing health issues. A fall at a shopping center in Ridglea or in a poorly maintained parking garage can have deadly consequences.
Dog Bite Incidents
In some cases, attacks by dangerous dogs result in deadly injuries. These tragedies may occur in residential areas like White Settlement or during walks through parks when pet owners fail to control aggressive animals.
Brain Injuries Leading to Death
Head injuries from sports incidents, falls, or vehicle crashes may not lead to death right away. But over time, swelling or bleeding in the brain can turn a serious injury into a fatal one.
Who Can Recover Damages in a Texas Wrongful Death Case?
Texas law gives certain family members the right to seek damages after a wrongful death. Each group has different rights based on their relationship to the person who passed away.
Spouse Rights and Recovery
A surviving husband or wife may be able to recover damages for loss of companionship, lost income, and household services. Spouses may also recover for emotional harm caused by the sudden loss.
Children’s Claims for Parental Loss
Children who lose a parent often struggle with emotional pain and financial insecurity. A wrongful death claim can help cover future financial support that the parent would have provided.
Parents’ Rights When Adult Children Die
Parents can seek recovery for the loss of their adult children in wrongful death cases, especially when the death causes emotional harm or financial hardship.
Other family members, such as siblings, grandparents, or cousins, are not eligible to recover under the Texas Wrongful Death Act. However, the personal representative of the estate can bring a related “survival” claim, which benefits the estate rather than individual family members. That’s a separate legal action, and the funds typically go through probate.
Types of Damages Available in Fort Worth Wrongful Death Cases
Families may recover several types of damages in a wrongful death lawsuit. These help cover financial losses and personal suffering after a loved one’s death.
Economic Damages
Economic damages focus on the financial impact of the death. These losses are often proven with documents like pay stubs, tax returns, and receipts. They may include:
- Lost earning capacity: What the deceased would likely have earned had they lived
- Medical bills: Any treatment costs related to the injury that led to the death
- Funeral and burial expenses: Costs the family paid to lay their loved one to rest
- Loss of household services: Tasks the deceased would have continued providing, such as childcare, cooking, or home maintenance
These damages are easier to calculate because they involve numbers, receipts, or work history.
Non-Economic Damages
Non-economic damages cover personal losses that don’t have a price tag. These are often the most deeply felt and can vary based on the closeness of the relationship. They include:
- Mental anguish: The emotional suffering, grief, and trauma felt after the loss
- Loss of companionship and support: The absence of emotional closeness, care, and love from the person who passed
- Loss of guidance: Often claimed by children who relied on a parent’s advice or support
- Loss of consortium: Claimed by spouses for the impact on the marriage and family life
These damages require the court to consider the depth of the relationship and how much the deceased meant to the person making the claim.
How Long Do I Have to File a Wrongful Death Claim in Texas?
Time limits for wrongful death lawsuits in Texas are strict. Missing the deadline could mean losing your ability to seek recovery.
Texas Statute of Limitations
In most wrongful death cases, Texas law gives family members two years from the date of the death to file a lawsuit. This rule applies whether the death came from a car accident, slip and fall, or other event.
Exceptions to the Two-Year Rule
Some rare situations can pause or extend the deadline. For example, if the person bringing the claim is a minor child or if fraud delayed the discovery of what caused the death, the time limit might be adjusted.
Why Acting Quickly Matters
Insurance companies often try to reduce what they pay or avoid responsibility altogether. Starting your case early gives your personal injury lawyer time to gather strong evidence, speak with witnesses, and respond to legal deadlines.
What Evidence Is Needed to Prove a Wrongful Death Case?
Building a strong case means collecting the right evidence. The more thorough the proof, the harder it is for the other side to deny fault or downplay the impact.
Documentation and Medical Records
Medical records, death certificates, and accident reports help show what caused the death and who may be at fault. These documents often form the base of a wrongful death claim.
Witness Statements and Expert Testimony
Eyewitnesses can describe what happened before and during the incident. Experts may also help explain how someone’s actions caused the death or how much financial support the deceased provided.
Financial Records and Employment History
Past pay stubs, tax returns, and employment files help measure what the person contributed financially to their family. These documents play a key role in calculating losses.
How Can a Fort Worth Wrongful Death Lawyer Help Your Family?
Working with a wrongful death attorney allows your family to focus on healing while your legal team handles the case. The process involves more than filing forms; it takes thorough preparation and strong negotiation.
Investigation and Evidence Gathering
A wrongful death lawyer collects and organizes documents, interviews witnesses, and works with experts to build a clear picture of what happened and why.
Negotiating with Insurance Companies
Insurance companies often try to minimize their payout. Your attorney can push back with solid evidence and negotiate for a full and fair amount to cover your losses.
Courtroom Representation and Trial Experience
Some insurance companies refuse to act reasonably. When that happens, your attorney can take the case to court and present it to a judge or jury.
Handling Legal Paperwork and Deadlines
Your lawyer manages all the required filings and ensures your case stays on schedule. This includes court documents, settlement demands, and any updates needed along the way.
Providing Emotional Support During Difficult Times
Wrongful death attorneys do more than handle legal matters. They also offer guidance and support when you’re unsure what steps to take next.
Why Choose Our Fort Worth Wrongful Death Law Firm?
AMS Law Group has worked with families across Fort Worth who lost loved ones due to someone else’s wrongdoing. We bring a mix of legal skill, local knowledge, and compassion to every case.
Local Experience and Knowledge
We understand Fort Worth’s roads, courts, and neighborhoods. Whether the incident happened in Riverside, Como, or Northside, we’re familiar with the area and its legal system.
Track Record of Successful Cases
Our firm has helped many families recover financial damages through settlements and court verdicts. We work hard to build a strong case for each client.
Compassionate Client Service
We listen to your story and treat your family with care and respect. Every case gets the personal attention it deserves.
No Fee Unless We Secure Compensation
You don’t need to pay anything upfront. We only get paid when we recover money for your family through settlement or verdict.
FAQs About Fort Worth Wrongful Death Claims
Do I need to pay attorney fees upfront for a wrongful death case?
No. AMS Law Group works on a contingency fee basis. That means we only get paid if we recover compensation for your family.
Can I still file a claim if my loved one was partially at fault?
Yes. Texas uses a system called proportionate responsibility. If your loved one was less than 51 percent at fault, the family can still pursue a claim.
What happens if there’s no will or estate?
You can still bring a wrongful death claim. The lawsuit is separate from the will or probate process and can be filed by eligible family members under Texas law.
How long does a wrongful death case typically take?
It depends on the facts of the case. Some settle in a few months, while others may take a year or longer if they go to court.
Can I settle out of court?
Yes. Many cases do settle before trial. If the insurance company refuses to act fairly, your lawyer may advise taking the case to court.
Let Our Compassionate Fort Worth Wrongful Death Lawyers Help
AMS Law Group understands how painful it is to lose someone you love because another person made a reckless or careless choice. Whether the death happened on West 7th Street, in Stop Six, or anywhere else in Fort Worth, our legal team is ready to step in and help.
We’ve worked with families across Fort Worth and know what it takes to hold the at-fault party accountable. Call us today at (888) 960-8363 for a free consultation. You don’t have to go through this alone. Let us help your family take the next step.