No words make this better. If you’re reading this page, someone you love is gone, and someone else’s negligence is the reason. You shouldn’t have to think about legal claims right now. You shouldn’t have to fight anyone. But the reality is that without someone fighting on your behalf, the people responsible may never be held accountable, and your family may never receive the financial support you need to move forward. That’s what we do at Guardia Law. We carry the legal burden so you can grieve, heal, and take care of your family. Call (214) 380-4000 for a free, confidential consultation. Hablamos Espanol.

Who Can File a Wrongful Death Claim in Texas?

Texas law limits who can bring a wrongful death claim. Under the Texas Wrongful Death Act (Tex. Civ. Prac. & Rem. Code Chapter 71, Section 71.004), only certain family members have legal standing to file:

  • Surviving spouse. A husband or wife of the deceased person may file a wrongful death claim.
  • Children. Both minor and adult children have standing. This includes adopted children.
  • Parents. The mother and father of the deceased may file, regardless of the child’s age at the time of death.

These are the only individuals who can bring a wrongful death action under Texas law. Siblings, grandparents, aunts, uncles, and other extended family members do not have standing to file, no matter how close the relationship.

If none of the eligible family members file a wrongful death lawsuit within three months of the death, the personal representative of the deceased person’s estate may file on behalf of the estate, unless one of the eligible family members requests that the representative not bring the action.

This standing requirement is strict. If you’re unsure whether you have the legal right to file, call us at (214) 380-4000. We can walk you through it.

Survival Action vs. Wrongful Death Claim

These are two separate legal claims that often get confused, but the distinction matters because they compensate different losses.

A wrongful death claim compensates the surviving family members for their own losses. These are the damages that the spouse, children, or parents suffer because their loved one was taken from them. Loss of companionship. Mental anguish. Lost financial support. The hole that person left in your family’s life.

A survival action is different. It compensates the estate for what the deceased person experienced before death. If your loved one survived for any period of time after the negligent act, whether minutes, hours, days, or longer, they experienced their own pain and suffering, fear, and conscious awareness of what was happening. A survival action recovers damages for that suffering, along with any medical expenses incurred before death and lost earnings. Under Tex. Civ. Prac. & Rem. Code Section 71.021, the survival action belongs to the estate and is brought by the personal representative.

Both claims can and should be filed together. They address different categories of harm, and pursuing both ensures that your family’s full losses are accounted for.

Common Causes of Wrongful Death

Death caused by another person’s negligence can happen in many ways. The cases we handle at Guardia Law most commonly involve:

Car and truck accidents. Motor vehicle collisions are the leading cause of wrongful death claims in Texas. The combination of speed, vehicle size, and driver negligence makes these crashes devastating. Commercial truck accidents are particularly deadly because of the massive weight differential between an 18-wheeler and a passenger vehicle.

Workplace accidents. Texas is the only state that allows employers to opt out of workers’ compensation coverage. When a nonsubscriber employer fails to maintain a safe workplace and a worker dies as a result, the family can file a wrongful death lawsuit without the limitations that workers’ comp imposes. Construction site deaths from falls, electrocution, struck-by incidents, and trench collapses are tragically common in the Dallas-Fort Worth area.

Premises liability. Property owners have a duty to maintain safe conditions. Deaths caused by inadequate security at apartment complexes, dangerous conditions at commercial properties, swimming pool drownings, and other preventable hazards on someone else’s property give rise to wrongful death claims.

DWI and drunk driving accidents. When someone chooses to drive drunk and kills another person, the surviving family has a civil wrongful death claim in addition to any criminal charges the driver faces. In cases involving alcohol, Texas dram shop laws may also create liability against the bar, restaurant, or establishment that overserved the driver.

Important note: While deaths caused by medical negligence can give rise to wrongful death claims, Guardia Law does not handle medical malpractice cases. If your loved one died due to a medical error, we can help connect you with a firm that handles those claims. We focus on deaths caused by auto and truck accidents, workplace negligence, premises liability, and impaired driving.

Damages in Texas Wrongful Death Cases

Texas law recognizes that the death of a loved one causes profound harm that goes far beyond financial loss. The damages available in a wrongful death case reflect the full scope of what your family has lost.

Loss of companionship and society. The love, comfort, companionship, and emotional support that your loved one provided. This is often the most significant category of damages in a wrongful death case, because it reflects the irreplaceable human connection that was destroyed.

Mental anguish. The grief, sorrow, and emotional suffering experienced by the surviving family members. Texas courts recognize that losing a spouse, parent, or child causes deep and lasting psychological harm.

Lost financial support (past and future). The income and financial contributions that the deceased would have provided to the family over their remaining life expectancy. This includes wages, benefits, and the economic value of household services.

Loss of inheritance. The money and assets that the surviving family members would have inherited had the deceased person lived a full life.

Loss of parental guidance. When a parent is killed, their children lose not just financial support but the guidance, advice, counsel, and nurturing that the parent would have provided as the children grew up. This is a distinct category of damages under Texas law.

Funeral and burial expenses. The reasonable costs of funeral services, burial or cremation, and related expenses.

Exemplary (punitive) damages. When the death was caused by gross negligence, fraud, malice, or intentional misconduct, Texas law allows the jury to award punitive damages to punish the wrongdoer and deter similar conduct. Under Tex. Civ. Prac. & Rem. Code Section 41.003, exemplary damages require clear and convincing evidence of gross negligence. Cases involving drunk driving, extreme recklessness, or intentional acts are the most common situations where punitive damages apply.

Wrongful Death Statute of Limitations in Texas

Under Tex. Civ. Prac. & Rem. Code Section 16.003, you have two years to file a wrongful death lawsuit. The deadline runs from the date of death, not the date of the accident or negligent act. This distinction matters. If someone is injured in a crash and dies from those injuries weeks or months later, the two-year clock starts on the date they died.

Two years may sound like a long time, but it is not. Building a wrongful death case requires extensive investigation, gathering evidence, identifying all responsible parties, and calculating the full scope of damages. Starting early gives your attorney the best chance to preserve critical evidence, including surveillance footage that gets deleted, electronic data that gets overwritten, and witness memories that fade.

If you miss the two-year deadline, your family will almost certainly lose the right to file a lawsuit. Do not wait. Call (214) 380-4000 today.

What to Do After Losing a Loved One to Negligence

The last thing you want right now is a checklist. But there are a few steps that can protect your family’s legal rights during an incredibly difficult time.

You do not have to make any decisions right now. Take the time you need to grieve. The legal process can wait days or even weeks. What matters most right now is you and your family.

Preserve any evidence you have. If you have photos from the scene, text messages, medical records, insurance information, or a police report, keep them in a safe place. Do not post about the incident on social media.

Be cautious with insurance companies. The at-fault party’s insurance company may contact you quickly, sometimes within days of the death. They may offer condolences and a settlement in the same conversation. Do not give a recorded statement. Do not sign anything. Do not accept any payment without talking to an attorney first. Early settlement offers in wrongful death cases are almost always a fraction of what the case is worth.

Talk to an attorney before making decisions about the estate. Wrongful death claims and survival actions involve specific legal requirements about who can file and in what capacity. Getting guidance early prevents procedural problems later.

Call Guardia Law. We will listen to your story, answer your questions honestly, and explain your options clearly. There is no fee for the consultation, and we handle wrongful death cases on a contingency fee basis, which means you pay nothing unless we recover compensation for your family.

Results We’ve Achieved

$1,067,874.84 — 18-Wheeler Accident / Wrongful Death. A commercial 18-wheeler rear-ended our client’s vehicle, causing catastrophic injuries requiring emergency lumbar surgery. The collision also took the life of her son. We recovered every dollar of available insurance coverage for the family.

$1,000,000 — Commercial Vehicle / Wrongful Death. A commercial vehicle driven by an unlicensed driver rear-ended a car, killing a special needs child and breaking the mother’s back. The company had prior violations with the same vehicle. We recovered full policy limits.

$100,000 — Wrongful Death / Auto Accident. We achieved a wrongful death settlement within 45 days of the firm’s launch. Police initially blamed the victim, but our investigation discovered the driver had been drinking. We challenged the official narrative and established liability.

Past results do not guarantee future outcomes. Every case is different.

Frequently Asked Questions

How much does it cost to hire a wrongful death attorney?

At Guardia Law, wrongful death cases are handled on a contingency fee basis. You pay nothing upfront, and we only get paid if we recover compensation for your family. The consultation is free, and there is no obligation.

Can I file a wrongful death claim if the person responsible is facing criminal charges?

Yes. A criminal case and a civil wrongful death case are separate proceedings. The criminal case is brought by the state to punish the defendant. The civil case is brought by the family to recover compensation. You do not have to wait for the criminal case to conclude before filing a civil lawsuit, and a criminal conviction is not required for a civil recovery.

What if my loved one was partially at fault?

Texas follows a modified comparative fault rule. As long as the deceased person was not more than 50% responsible for the incident, the family can still recover damages. The recovery is reduced by the percentage of fault attributed to the deceased. For example, if a jury finds the deceased was 20% at fault, the family’s recovery is reduced by 20%.

How long does a wrongful death case take?

Every case is different. Some wrongful death cases settle within months. Others, particularly those involving commercial trucking companies, large corporations, or disputed liability, may take one to two years or longer, especially if the case goes to trial. We move as efficiently as possible while making sure no detail is overlooked.

What if no one has been appointed as the personal representative of the estate?

If a survival action needs to be filed and no personal representative has been appointed, the court can appoint one. We handle this procedural step regularly and can guide you through the process.

We Stand With Families Who Have Lost Everything

Losing someone you love because of another person’s carelessness is one of the most painful experiences a family can endure. No amount of money will bring them back. But holding the responsible parties accountable matters. It ensures your family has the financial support to move forward. It sends a message that negligence has consequences. And for many families, it is the only path to some measure of justice.

At Guardia Law, Attorney Rolando Quesada (Texas Bar No. 24083694), who has recovered millions for injured clients across Dallas, works directly with every family. You will never be handed off to a paralegal or lost in a caseload. Your family’s case will receive the personal attention, thorough preparation, and aggressive advocacy it deserves.

Call (214) 380-4000 today for a free, confidential consultation. Hablamos Espanol.

Guardia Law, PLLC
6301 Gaston Ave, Ste. 1516
Dallas, TX 75214
Available 24/7. Contingency fee. You pay nothing unless we win.

Past results do not guarantee future outcomes.

Wrongful Death Attorney in Dallas, Texas

No words make this better. If you’re reading this page, someone you love is gone, and someone else’s negligence is the reason. You shouldn’t have to think about legal claims right now. You shouldn’t have to fight anyone. But the reality is that without someone fighting on your behalf, the people responsible may never be held accountable, and your family may never receive the financial support you need to move forward. That’s what we do at Guardia Law. We carry the legal burden so you can grieve, heal, and take care of your family. Call (214) 380-4000 for a free, confidential consultation. Hablamos Espanol.

Who Can File a Wrongful Death Claim in Texas?

Texas law limits who can bring a wrongful death claim. Under the Texas Wrongful Death Act (Tex. Civ. Prac. & Rem. Code Chapter 71, Section 71.004), only certain family members have legal standing to file:

  • Surviving spouse. A husband or wife of the deceased person may file a wrongful death claim.
  • Children. Both minor and adult children have standing. This includes adopted children.
  • Parents. The mother and father of the deceased may file, regardless of the child’s age at the time of death.

These are the only individuals who can bring a wrongful death action under Texas law. Siblings, grandparents, aunts, uncles, and other extended family members do not have standing to file, no matter how close the relationship.

If none of the eligible family members file a wrongful death lawsuit within three months of the death, the personal representative of the deceased person’s estate may file on behalf of the estate, unless one of the eligible family members requests that the representative not bring the action.

This standing requirement is strict. If you’re unsure whether you have the legal right to file, call us at (214) 380-4000. We can walk you through it.

Survival Action vs. Wrongful Death Claim

These are two separate legal claims that often get confused, but the distinction matters because they compensate different losses.

A wrongful death claim compensates the surviving family members for their own losses. These are the damages that the spouse, children, or parents suffer because their loved one was taken from them. Loss of companionship. Mental anguish. Lost financial support. The hole that person left in your family’s life.

A survival action is different. It compensates the estate for what the deceased person experienced before death. If your loved one survived for any period of time after the negligent act, whether minutes, hours, days, or longer, they experienced their own pain and suffering, fear, and conscious awareness of what was happening. A survival action recovers damages for that suffering, along with any medical expenses incurred before death and lost earnings. Under Tex. Civ. Prac. & Rem. Code Section 71.021, the survival action belongs to the estate and is brought by the personal representative.

Both claims can and should be filed together. They address different categories of harm, and pursuing both ensures that your family’s full losses are accounted for.

Common Causes of Wrongful Death

Death caused by another person’s negligence can happen in many ways. The cases we handle at Guardia Law most commonly involve:

Car and truck accidents. Motor vehicle collisions are the leading cause of wrongful death claims in Texas. The combination of speed, vehicle size, and driver negligence makes these crashes devastating. Commercial truck accidents are particularly deadly because of the massive weight differential between an 18-wheeler and a passenger vehicle.

Workplace accidents. Texas is the only state that allows employers to opt out of workers’ compensation coverage. When a nonsubscriber employer fails to maintain a safe workplace and a worker dies as a result, the family can file a wrongful death lawsuit without the limitations that workers’ comp imposes. Construction site deaths from falls, electrocution, struck-by incidents, and trench collapses are tragically common in the Dallas-Fort Worth area.

Premises liability. Property owners have a duty to maintain safe conditions. Deaths caused by inadequate security at apartment complexes, dangerous conditions at commercial properties, swimming pool drownings, and other preventable hazards on someone else’s property give rise to wrongful death claims.

DWI and drunk driving accidents. When someone chooses to drive drunk and kills another person, the surviving family has a civil wrongful death claim in addition to any criminal charges the driver faces. In cases involving alcohol, Texas dram shop laws may also create liability against the bar, restaurant, or establishment that overserved the driver.

Important note: While deaths caused by medical negligence can give rise to wrongful death claims, Guardia Law does not handle medical malpractice cases. If your loved one died due to a medical error, we can help connect you with a firm that handles those claims. We focus on deaths caused by auto and truck accidents, workplace negligence, premises liability, and impaired driving.

Damages in Texas Wrongful Death Cases

Texas law recognizes that the death of a loved one causes profound harm that goes far beyond financial loss. The damages available in a wrongful death case reflect the full scope of what your family has lost.

Loss of companionship and society. The love, comfort, companionship, and emotional support that your loved one provided. This is often the most significant category of damages in a wrongful death case, because it reflects the irreplaceable human connection that was destroyed.

Mental anguish. The grief, sorrow, and emotional suffering experienced by the surviving family members. Texas courts recognize that losing a spouse, parent, or child causes deep and lasting psychological harm.

Lost financial support (past and future). The income and financial contributions that the deceased would have provided to the family over their remaining life expectancy. This includes wages, benefits, and the economic value of household services.

Loss of inheritance. The money and assets that the surviving family members would have inherited had the deceased person lived a full life.

Loss of parental guidance. When a parent is killed, their children lose not just financial support but the guidance, advice, counsel, and nurturing that the parent would have provided as the children grew up. This is a distinct category of damages under Texas law.

Funeral and burial expenses. The reasonable costs of funeral services, burial or cremation, and related expenses.

Exemplary (punitive) damages. When the death was caused by gross negligence, fraud, malice, or intentional misconduct, Texas law allows the jury to award punitive damages to punish the wrongdoer and deter similar conduct. Under Tex. Civ. Prac. & Rem. Code Section 41.003, exemplary damages require clear and convincing evidence of gross negligence. Cases involving drunk driving, extreme recklessness, or intentional acts are the most common situations where punitive damages apply.

Wrongful Death Statute of Limitations in Texas

Under Tex. Civ. Prac. & Rem. Code Section 16.003, you have two years to file a wrongful death lawsuit. The deadline runs from the date of death, not the date of the accident or negligent act. This distinction matters. If someone is injured in a crash and dies from those injuries weeks or months later, the two-year clock starts on the date they died.

Two years may sound like a long time, but it is not. Building a wrongful death case requires extensive investigation, gathering evidence, identifying all responsible parties, and calculating the full scope of damages. Starting early gives your attorney the best chance to preserve critical evidence, including surveillance footage that gets deleted, electronic data that gets overwritten, and witness memories that fade.

If you miss the two-year deadline, your family will almost certainly lose the right to file a lawsuit. Do not wait. Call (214) 380-4000 today.

What to Do After Losing a Loved One to Negligence

The last thing you want right now is a checklist. But there are a few steps that can protect your family’s legal rights during an incredibly difficult time.

You do not have to make any decisions right now. Take the time you need to grieve. The legal process can wait days or even weeks. What matters most right now is you and your family.

Preserve any evidence you have. If you have photos from the scene, text messages, medical records, insurance information, or a police report, keep them in a safe place. Do not post about the incident on social media.

Be cautious with insurance companies. The at-fault party’s insurance company may contact you quickly, sometimes within days of the death. They may offer condolences and a settlement in the same conversation. Do not give a recorded statement. Do not sign anything. Do not accept any payment without talking to an attorney first. Early settlement offers in wrongful death cases are almost always a fraction of what the case is worth.

Talk to an attorney before making decisions about the estate. Wrongful death claims and survival actions involve specific legal requirements about who can file and in what capacity. Getting guidance early prevents procedural problems later.

Call Guardia Law. We will listen to your story, answer your questions honestly, and explain your options clearly. There is no fee for the consultation, and we handle wrongful death cases on a contingency fee basis, which means you pay nothing unless we recover compensation for your family.

Results We’ve Achieved

$1,067,874.84 — 18-Wheeler Accident / Wrongful Death. A commercial 18-wheeler rear-ended our client’s vehicle, causing catastrophic injuries requiring emergency lumbar surgery. The collision also took the life of her son. We recovered every dollar of available insurance coverage for the family.

$1,000,000 — Commercial Vehicle / Wrongful Death. A commercial vehicle driven by an unlicensed driver rear-ended a car, killing a special needs child and breaking the mother’s back. The company had prior violations with the same vehicle. We recovered full policy limits.

$100,000 — Wrongful Death / Auto Accident. We achieved a wrongful death settlement within 45 days of the firm’s launch. Police initially blamed the victim, but our investigation discovered the driver had been drinking. We challenged the official narrative and established liability.

Past results do not guarantee future outcomes. Every case is different.

Frequently Asked Questions

How much does it cost to hire a wrongful death attorney?

At Guardia Law, wrongful death cases are handled on a contingency fee basis. You pay nothing upfront, and we only get paid if we recover compensation for your family. The consultation is free, and there is no obligation.

Can I file a wrongful death claim if the person responsible is facing criminal charges?

Yes. A criminal case and a civil wrongful death case are separate proceedings. The criminal case is brought by the state to punish the defendant. The civil case is brought by the family to recover compensation. You do not have to wait for the criminal case to conclude before filing a civil lawsuit, and a criminal conviction is not required for a civil recovery.

What if my loved one was partially at fault?

Texas follows a modified comparative fault rule. As long as the deceased person was not more than 50% responsible for the incident, the family can still recover damages. The recovery is reduced by the percentage of fault attributed to the deceased. For example, if a jury finds the deceased was 20% at fault, the family’s recovery is reduced by 20%.

How long does a wrongful death case take?

Every case is different. Some wrongful death cases settle within months. Others, particularly those involving commercial trucking companies, large corporations, or disputed liability, may take one to two years or longer, especially if the case goes to trial. We move as efficiently as possible while making sure no detail is overlooked.

What if no one has been appointed as the personal representative of the estate?

If a survival action needs to be filed and no personal representative has been appointed, the court can appoint one. We handle this procedural step regularly and can guide you through the process.

We Stand With Families Who Have Lost Everything

Losing someone you love because of another person’s carelessness is one of the most painful experiences a family can endure. No amount of money will bring them back. But holding the responsible parties accountable matters. It ensures your family has the financial support to move forward. It sends a message that negligence has consequences. And for many families, it is the only path to some measure of justice.

At Guardia Law, Attorney Rolando Quesada (Texas Bar No. 24083694), who has recovered millions for injured clients across Dallas, works directly with every family. You will never be handed off to a paralegal or lost in a caseload. Your family’s case will receive the personal attention, thorough preparation, and aggressive advocacy it deserves.

Call (214) 380-4000 today for a free, confidential consultation. Hablamos Espanol.

Guardia Law, PLLC
6301 Gaston Ave, Ste. 1516
Dallas, TX 75214
Available 24/7. Contingency fee. You pay nothing unless we win.

Past results do not guarantee future outcomes.