Legal Guide On Wrongful Death Cases In Fort Worth & Other Texas Areas

The death of a family member is a devastating event that can be difficult to recover from. This is especially true when the loss is sudden and due to the negligence of another. Remaining family members often find themselves unsure of what they should do when such a situation arises. While financial compensation is understandably not the first thing that comes to one’s mind, it is crucial to protect legal interests so that loved ones have the financial resources they need. Retaining counsel is an important step towards protecting those interests. Understanding how Texas law applies to such situations can assist with the selection of counsel. That’s why Noteboom – The Law Firm is providing a discussion guide on Texas wrongful death cases– to serve as a source of information that Texas residents may find useful. If you require assistance, then contact our office today to speak with a Fort Worth wrongful death lawyer.

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This guide is meant to serve as an abbreviated overview of how our state handles such matters. You may jump to a particular section, listed in the table of contents below, by clicking “jump to section.”

Identifying liable defendants in a Texas wrongful death case

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One of the first questions one may have after the loss of a loved one is “who do I sue for a wrongful death?” The answer to this question can quickly become complicated as these types of matters may well involve multiple parties. In order to understand who may face liability, we will discuss when Texas allows a party to be named in a lawsuit. We will also look at some common situations in which multiple parties may be named.

Texas wrongful death cases often involve multiple negligent defendants

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Texas law allows certain surviving family members or an estate to seek damages when one has been lost due to the negligence of another.^[1] In order to establish that another party or parties should be responsible for the loss, the surviving family members must show that the defendant(s):

1. Owed a duty of care to the deceased or similarly situated persons;
2. That the defendant(s) failed to meet or otherwise breached their duty of care;
3. That the loss of life was caused by this breach; and
4. That the surviving family member(s) suffered damages as a result.

An action may be brought even if the deceased was partially at fault for the incident which caused their death. Under Texas’ comparative fault laws, surviving family members or the estate of the deceased may recover damages as long as the deceased was no more than fifty percent responsible for the accident. If the deceased was more than fifty percent responsible for the subject incident, then the surviving family members will be barred from recovery.

Wrongful death cases often arise from situations which may involve multiple defendants. This is due to the fact that employers are considered liable for the actions of their employees. This means, therefore, that if an employee causes an accident, then their employer will also face liability. The employer may also face additional causes of action in addition to their direct liability for the employee’s negligence. Moreover, many cases involve additional situations in which a third-party may have contributed to the cause of the accident. In these types of matters, each party that is partially responsible for the accident may be named as a defendant.

Examples of common situations and defendants in wrongful death cases

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The concept that numerous parties may be liable for a wrongful death can seem vague or overly broad without context. It is, therefore, important to understand who the possible defendants may be in a given situation. It is important to understand, however, that the following list is simply for the purposes of illustration. Who will potentially be liable in any given situation will always depend on the specific facts of the matter.

Examples of accidents which can result in a wrongful death include, but are not limited to:

Car accidents

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For obvious reasons, there are many situations where one loses their life in a car accident in which the other driver was operating their personal vehicle outside of work. Such matters involve other drivers who were speeding, who ran a red light or a stop sign, who failed to signal before changing lanes, or some other form of negligence. In these types of cases, the negligent driver will often be the only defendant.

Trucking accidents

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When a semi-truck hits a car, there is a chance of serious injury or death. Trucking accidents can often involve multiple defendants. Parties to a case can include the truck driver, the owner of the truck (if the truck is not owner-operated), third-party management companies in some instances, and potentially loading companies or equipment manufacturers.

Commercial vehicles (such as delivery vans)

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Commercial vehicles can be the cause of an accident when they hit a car, a pedestrian, someone on a bicycle, etc. Examples of “commercial vehicles” can include Amazon delivery vans, FedEx delivery trucks, UPS delivery vehicles, and any other company vehicle that is driven in the course of employment. In short, if a company owns a vehicle which is being driven for work purposes, then it will be considered “commercial.” These types of cases will often result in the company that owns the vehicle, the driver, and potentially other parties being named in a lawsuit.

Bars, restaurants, and other sellers of alcohol

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Texas’ DRAM shop laws allow bars, restaurants, and other entities who sell alcohol to face liability if an individual continues to be served when they are clearly intoxicated. Liability will attach when it can be shown that such continued service led to an accident. So, if it is shown that the continued service of alcohol resulted in a fatal accident, then the establishment may face liability for wrongful death.

Other automotive or traffic-related accidents

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Other automotive or traffic-related accidents which can result in wrongful death include pedestrians being hit by a car, bicycle accidents, wrecks involving a motorcycle, etc. If one loses their life to such a tragedy, then the potential defendants will be identified in the same way as the other types of accidents described above.

Workplace injuries resulting in wrongful death

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Texas is unique in how the law applies to workplace accidents. Our state allows employers to choose not to subscribe to the workers’ compensation system. This means that these “non-subscriber” employers may be sued for an injury through the civil justice system. If a non-subscriber work injury results in wrongful death then defendants may include the employer, vendors of the employer, subcontractors, and other parties.

Other potential defendants

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Any party whose negligence causes a wrongful death may be named in a lawsuit. Situations, separate from those listed above, which can give rise to such a case include commercial property owners who allow a hazardous condition to exist. Such conditions may result in a victim’s slip and fall, electrocution, something falling on a victim, and more. Other potential defendants include oil field operators who fail to maintain proper safety standards, product manufacturers, and more.

Who can file a wrongful death case in Fort Worth or other Texas areas?

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Texas law is very specific as to who may file a wrongful death lawsuit in our state. Under Tex. Civ. Prac. & Rem. Code 71.004, wrongful death lawsuits may only be filed by the spouse, children, or parents of the deceased.^[2] Any one of these individuals may bring the case. If a matter is filed by one of these family members, then the others may join the suit. These family members, however, will not file individual cases against the defendant(s). If it has been three months since the death, and no action has been brought, then the executor or administrator of the estate is required to bring a case.^[3] If, however, all of the family members who are eligible to bring a case inform the executor or administrator to refrain from taking action, then he or she must do so.

An important point to remember regarding who may file a suit is that Texas recognizes the concept of common law marriage. This means that one may be able to bring an action even if they were not legally married. Certain requirements must be met in order to be considered a common law spouse. These include the requirement that the couple must have resided together in Texas, that they must have held themselves out as married, and that the couple agreed to consider themselves married. If these criteria are met, then the existence of common law marriage may be established as part of the personal injury case or in separate estate proceedings. A common law spouse will have the same right to recovery as would one who was formally married to the deceased.

The statute of limitations for a Texas wrongful death claim

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The statute of limitations in wrongful death case is generally two years

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Texas wrongful death claims must be filed within a limited timeframe that is known as a “statute of limitations.” In our state, this time period is two years and it begins to run when the deceased passes away.^[4] A key takeaway from this topic should be that the statute of limitations begins to run upon the death of the victim and not upon the underlying accident. If the two year statute of limitations deadline falls on a state-observed holiday or weekend, then it will be extended to the following business day. If, however, a lawsuit is not filed within the requisite statute of limitations then the surviving family members will forever lose their right to seek compensation.

Consider the following example. Joe is a Fort Worth resident who was hit in a crosswalk by an oncoming car on January 2nd, 2026. He is immediately taken to the emergency room and is in critical condition. After emergency surgery and other procedures are performed, Joe is in a medically induced coma and is given a slim chance of recovery. On January 16th, 2026, Joe sadly passes away. The statute of limitations for this case would expire on January 16th, 2028, but that day is a Sunday. The following day, January 17th, 2028, is Martin Luther King Day, and the Courts will be closed. This means that a lawsuit must be filed by January 18th, 2028, or else Joe’s surviving family members will lose their right to take action.

Preserving the statute of limitations against unknown defendants

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Problems can arise for a Plaintiff if potential defendants are not identified before the statute of limitations runs. As explained above, wrongful death cases often involve multiple defendants. The complex nature of such cases may create situations in which potential defendants are not identified until after a lawsuit is filed and the two-year limitation has already passed. The attorney for the Plaintiffs can protect against this problem by naming “fictitious defendants” in the Original Petition which initiates the lawsuit. This means that, in addition to naming known defendants in the case, counsel will name parties such as “Doe and Roe,” or something similar, and these names will then be substituted with new defendants when they are discovered. While this method helps to protect against a statute of limitations problem, leave of the Court will be required to name new parties after a Petition has been filed.

How damages are calculated in a Texas wrongful death case

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Damages in a wrongful death case can consist of multiple components. The components are “compensatory damages” and “punitive damages.” The compensatory damages can be further broken down into “economic” and “non-economic” damages. If the case does not settle, and the matter goes to trial, then the jury will determine the amount of damages to be awarded. Any award will be subject to Texas’ comparative fault laws. It is important to understand how each of these amounts, and any possible reductions, are determined. This section of our guide will discuss each of them in turn.

Compensatory damages in a Texas wrongful death case consist of economic and non-economic components

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“Compensatory” damages are meant to compensate the surviving family members for past and future financial losses that occur as a result of the death. The calculation of some of these amounts is straightforward, while others may be more open to dispute.

Understanding economic damages

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“Economic damages” consist of money that has actually been lost or will be lost. In a wrongful death case, this can include the deceased’s past and future lost wages. It can also include wages that have been lost by surviving family members as a result of the situation. Other amounts included in these damages are associated medical bills, expenses incurred as a result of the accident, and expenses that will be incurred in the future due to the passing of the victim. In cases where the deceased earned a salary or an hourly wage, then calculating the loss of lifetime income can be more straightforward than situations where one was self-employed or their income was more variable. In cases which involve more speculative income, expert witnesses will often be required to prove the amounts which have been lost.

Consider the example of Jack, a DFW resident who loses his life immediately in a car accident. Jack was a district manager for a retail chain and earned a salary of $80,000 per year. He was ten years away from retirement. Jack’s lost financial losses can be calculated at $800,000 (plus amounts he would have received for future pay raises), funeral expenses, and other money paid out due to the situation. The surviving family members may also seek compensation for missed time from work and any money they have paid as a result of the situation. This is an example of a situation in which, while tragic, the determination of economic damages is somewhat straightforward.

Now suppose that Jack was self-employed and his income varied from year to year. Also, suppose that he had been in the hospital for three months before passing away. Under this scenario, the family members would also be entitled to compensation for three months of Jack’s income lost while he was receiving care as well as the associated medical bills. They again would be entitled to compensation for his future lost wages. Given that Jack’s income is more speculative, however, it would likely be necessary to retain an expert economist to prepare a report and testify as to how much Jack could have been expected to earn. The defendant(s) would be permitted to submit their own expert testimony and the jurors would decide which expert should be considered more credible as part of their deliberations.

There are other examples of economic damages not covered by the examples above. Suppose, for example, that Jack had been a younger man and he had a small child with his wife. The wife will now be required to pay for daycare as she must return to work. Daycare expenses are just one example of additional money which she could be entitled to. What one may, or may not, be entitled to in a given situation will depend on the facts of a case. One’s attorney will give an honest assessment of how much a jury may award in such situations.

A final, important point on the issue of economic damages is how the impact on family members can be long-lasting. It goes without saying that the surviving family members will have losses as the result of a wrongful death. There are some situations, however, where these damages may be more extreme than others. If, for example, a spouse suffers a psychological break or nervous breakdown as a result of the death, and is unable to return to work, then their compensation for pain and suffering will reflect this fact. This could create a situation where two lifetime losses of income, the deceased and the spouse, must be considered. Again, each case will be situation-specific.

Understanding non-economic damages

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Compensatory damages also include a “non-economic” component. These are commonly referred to as compensation for “pain and suffering.” This consists of compensation for physical pain as well as emotional suffering. Payment for physical pain and anguish suffered by the victim before death are also recoverable through a separate survival claim brought on behalf of the state rather than by the family members in their own right. Payment will also be included for emotional strain and anguish suffered by the surviving family members. These same family members will also be entitled to compensation for any “loss of consortium.” This consists of payment for the lifetime loss of companionship, intimacy, etc.

Punitive or “exemplary” damages in a wrongful death case

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The compensatory damages described above are meant to “compensate” the surviving family members for their loss. Punitive damages (also known as “exemplary” damages in Texas) are different in that they are meant to punish a wrongdoer. Punitive damages are rare as they are reserved for situations in which the at-fault party was acting intentionally or with gross negligence.^[5]Punitive damages in our state are limited to the greater of $200,000 or two times the victim’s economic damages, with a cap of $750,000.

Wrongful death cases which result in punitive damages will often involve reckless disregard for public safety and/or extreme negligence. One who negligently operates a vehicle, for example, and causes the death of another will be highly unlikely to be found to have engaged in the requisite conduct.

There are situations where punitive damages are appropriate. Suppose that the owner of a delivery service did not drug test his delivery drivers upon hiring them and also did not require a background check. Now suppose that a driver was hired and the owner of the company received multiple public complaints about the driver’s reckless conduct. The owner takes no action. The driver is racing to a delivery at twice the posted speed limit. He hits Bill and causes a wrongful death. Investigation shows that the driver had been fired from his previous job for reckless driving, has several traffic infractions on his record, and was high on drugs at the time of the incident. Under this set of facts, the company owner’s negligent hiring and supervision of employees may possibly give rise to punitive damages.

Other situations which may give rise to punitive damages are those in which an employer or company knowingly allows a situation to exist and disregards the risk for financial reasons. Consider the example of a building owner who is aware of a hazardous condition inside their building regarding a cracked and chipped floor. They do not wish to pay the expense of repairing the floor (choosing to pay themselves with the funds instead) and continue to allow the public to walk through the damaged area. Now suppose that a patron trips, falls, and suffers a serious blow to the head which leads to their death. Under this scenario, if it is shown that the building owner knew of the situation, and intentionally chose to ignore and not warn the public, then it is possible that punitive damages would be available. Again, each matter will vary depending on its given facts.

Texas comparative fault laws will apply in a wrongful death case

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Texas is like many other states in the union in that it has adopted the concept of comparative fault. Under this doctrine, an injury victim’s compensation will be reduced in proportion to their share of fault for an accident. If a victim’s share of blame for an accident was fifty-one percent or greater, then they will be prohibited from recovering damages.^[6] This legal framework largely applies to wrongful death cases. In other words, if the deceased was partially at fault for the accident, then any recovery which the surviving family members receive would be reduced.

An exception to the concept of comparative fault is that it does not apply to a punitive damages award.^[7] As discussed above, punitive damages are meant to punish a defendant for their egregious wrongdoing. Reducing a punitive damages award would be counter to the policy behind awarding such damages.

Consider the example of Christine. She loses her husband, Chris, after he is hit by a delivery driver who was drunk on the job. The accident occurred when Chris was speeding. The delivery driver, however, ran a red light while texting on his phone. The jury finds that if Chris had not been speeding then he would not have been in the intersection. With that said, the jury assigns ninety percent of the blame to the driver and awards Christine $1,000,000 in compensatory damages. They also award $750,000 in punitive damages after hearing testimony regarding the delivery driver’s intoxication. The $1m compensatory award will be reduced to $900,000, in proportion to Chris’ share of fault for the accident. The $750,000 punitive award, however, will not be reduced under this scenario.

One important takeaway in regard to comparative fault is that the application of the doctrine may seem inconsistent. This is due to the fact that jurors are human beings and may see situations differently. One set of jurors, for example, may believe that Chris should have only been found ten percent liable, under the example above. Another set of jurors may have assigned more liability to Chris. It is important that a Plaintiff’s attorney present the case in a way that is clear, concise, and that can connect with jurors.

How long does it take to settle a wrongful death case in Fort Worth and other Texas areas?

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Settlement can occur before or after a lawsuit is filed

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How long it takes to settle any personal injury matter will always depend on the facts of the case. Attorneys will typically advise their clients, as a general rule, to not enter into a settlement until their damages can be reasonably determined. In the context of a wrongful death matter, this means making a full determination of the economic harm which has been caused. It also means making a determination of how the surviving family members will be impacted. Settling a case prematurely can leave the surviving family members without money that is needed for future expenses.

Consider the example of Sally. She loses her husband Sam to an oil field accident. The two had a two-year-old child and Sally, who is thirty, has been out of the workforce for ten years. Immediately after the accident, the oil company contacts Sally and offers her $250,000. The company also states that it is not responsible for the accident, but that it “wants to take care” of Sally and the child. Out of worry for the future, Sally accepts the offer. Unfortunately, Sally later discovers that a faulty valve caused the accident. In all likelihood, Sally will be prohibited from seeking further compensation, and the $250,000 she received does not come close to covering Sam’s lost wages, the cost of daycare, job training expenses, and more. If Sally had waited to settle the matter, then it is possible that an attorney would have uncovered the reason for the accident and Sally could have pursued a greater settlement. This example, while meant to be illustrative only, shows how taking a “quick settlement” can often be detrimental

Settling a wrongful death case can often take a substantial amount of time. Once the family members have retained an attorney, then counsel will inform the defendant(s) of the representation. The defendants will then forward the matter to their insurance carrier. Once the victim’s attorney has determined an appropriate damages amount, then a settlement demand will be sent to the insurer. The two sides will then engage in back-and-forth negotiations over the amount. Reasons for which the insurer may dispute the demand include a disagreement over how the amounts were calculated as well as disagreement over whether liability even exists. Given the complexity of calculating damages in these types of cases (as discussed above), these negotiations may go back and forth for many months if not longer.

If it is clear that a settlement cannot be reached, or if the statute of limitations is about to run, then it will be necessary for the surviving family member’s lawyer to file a lawsuit. The litigation process, which can be quite lengthy, can take multiple years. It is important to understand, however, that very few cases actually go to trial. Counsel will continue settlement negotiations with the other side while the litigation process is ongoing. Factors which can impact negotiations, after a lawsuit has been filed can include the uncovering of evidence through discovery, unexpected deposition testimony, and more.

A key event that often leads to settlement, after a case has been filed, is for the parties to attend mediation. Mediation is a non-binding setting in which a neutral third-party, the mediator, attempts to broker an agreement. The mediator will often go back and forth between the parties and try to “talk them down” to a mutual point by pointing out deficiencies in their case. It is common for cases to settle at mediation or shortly thereafter.

The case will conclude at trial if the matter does not settle

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If the case does not settle, then it will be resolved at trial. The trial process will begin with the selection of a jury. Jurors are selected from a pool of individuals in the local community. Each side will be able to ask questions of potential jurors and may remove them from the pool if they are not satisfied with the answers. A juror may not be removed for discriminatory reasons, such as those involving race, gender, religion, national origin, etc. Once the jury has been selected, each side will make an opening statement.

The Plaintiffs (the surviving family members) will present their evidence and witnesses. The defense will then present its case. The Plaintiffs will be permitted to present “rebuttal” evidence. This stage of the case may only be used to directly rebut claims made by the defense. Each side will make a closing argument. The jurors will then deliberate and will issue a verdict. This verdict will include the jury’s finding on the issues of liability, damages, and comparative fault. In a case where punitive damages were requested, then, if the jury finds that such damages are appropriate, a second stage of the trial will be held to determine an appropriate amount.

Once a verdict has been issued, then, in most instances, it will be paid by the defendant’s insurance carriers. If the defendant does not have insurance, or if their coverage is not adequate, then it will be necessary to take collective action. This can include seizing property and other assets.

While the trial process may sound straightforward, it certainly is not. The rules of evidence and procedure will be enforced by the Court. If these rules are not followed, then the jury may be precluded from considering important evidence in the matter. If an attorney is not versed in these rules, and fails to make timely objections, then the jurors may also consider evidence which should have been precluded. Either of these situations can be highly detrimental to the case.

Selecting a personal injury lawyer for DFW wrongful death cases

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The selection of a personal injury attorney can have an impact on the outcome of a wrongful death case. While any attorney is permitted to handle such a matter, it is important to understand that not all law firms are created the same. Wrongful death cases can involve complex legal issues and can require substantial financial commitments by the law firm to see the case through to completion. If a law firm is not able to deal with such issues or meet the needed commitments, then the case may not be properly prepared for trial. We will discuss each of these issues in turn.

There are several factors which can make a wrongful death case complex in nature. In cases involving numerous defendants, for example, an attorney may be pursuing multiple theories of liability. While the driver of a semi-truck, who caused the accident, may be liable for negligence, their employer may be liable for both negligence as well as negligent hiring and supervision. In cases where a company is involved, it may also be necessary to name business owners individually and to “pierce the corporate veil.” These are just a few examples of how these types of matters can become complicated and can take substantial time on behalf of a victim’s lawyer.

Wrongful death cases can be extremely expensive cases to try for several reasons. First, it will often be necessary to retain multiple expert witnesses. Necessary experts may include accident reconstructionists to testify as to how the accident occurred, medical professionals who will testify as to how the accident is, in fact, what caused the death, as well as economic and vocational experts who will testify as to what the deceased could have expected to earn over the remainder of their lifetime. The fees for such experts can be tens of thousands of dollars if not more. Second, catastrophic loss cases of this nature often require extensive discovery during litigation. Deposition costs and other associated expenses can quickly add up. The Plaintiff’s attorney will pay all of these costs, as well as expert fees, up front and will only be reimbursed if the matter settles or if a verdict is obtained at trial.

If a law firm is retained which lacks the ability to handle complex legal issues, or which lacks the financial resources necessary to handle a case, then the victims may suffer. Consequences may include not having needed evidence at trial, not having experts who will be necessary to establish liability and damages, or even the case being dismissed. When selecting a firm to handle your case, it is generally a good idea to consider the experience of the lawyer or lawyers, whether the firm employs multiple attorneys, and the level of financial resources which are available.

Contact Noteboom – The Law Firm for a wrongful death case in the DFW area or elsewhere in Texas

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If you or a loved one are in need of assistance, then contact Noteboom – The Law Firm to handle a DFW wrongful death case. Our firm has been serving the area for decades. We have multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization, and we employ an on-staff investigator. Importantly, our firm has the financial backing necessary to see cases through to completion, and we practice exclusively in the area of personal injury law. Our firm is dedicated to protecting the rights of people over those of corporations, and we look forward to being of assistance. Contact us online or by telephone to schedule an initial consultation.

In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.

This guide is provided for general informational purposes only. It is not legal advice, it does not address the facts of any particular case, and reading it does not create an attorney-client relationship with Noteboom – The Law Firm. The individuals and dollar figures used in the examples above are hypothetical and are not representative of any actual case or result. Prior results do not guarantee a similar outcome.

References

^[1] Civil Practice & Remedies Code Sec. 71.002

^[2] Tex. Civ. Prac. & Rem. Code 71.004(b)

^[3] Tex. Civ. Prac. & Rem. Code 71.004(c)

^[4] Tex. Civ. Prac. & Rem. Code 16.003(b)

^[5] Tex. Civ. Prac. & Rem. Code 41.003 explicitly allows for such damages when one has acted with malice, has engaged in gross negligence, or has committed fraud.

^[6] Tex. Civ. Prac. & Rem. Code 33.001

^[7] Tex. Civ. Prac. & Rem. Code 33.02(c)(2,)