Losing a loved one because of someone else’s negligence is something beyond comprehension, until it happens to you. Beyond the overwhelming grief, those left behind are often left facing unexpected financial burdens from medical expenses and funeral costs, to the loss of income and support they counted on to survive now and in the future.
At O’Hare and Koch, our Dallas wrongful death attorneys help families pursue justice after such unthinkable tragedies. While no verdict or settlement can ever replace your loved one, taking legal action under Texas law can, at the very least, bring accountability, financial stability, and a way forward.
Texas Definition of Wrongful Death
Under Texas law (Tex. Civ. Prac. & Rem. Code Chapter§ 71), a wrongful death occurs when a person’s life is taken because of another’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
These cases can arise from a wide range of incidents, including trucking and other commercial motor vehicle collisions, passenger vehicle collisions, unsafe job sites, defective products, and dangerous property conditions. The common thread is preventability. If a person, company, or other entity could have taken reasonable steps to prevent the death but failed to do so, Texas law allows surviving family members to file a lawsuit.
At O’Hare and Koch, we work closely with families to understand what happened to your beloved family member and to identify those whose negligence or recklessness caused the loss. The goal is not only financial recovery, but a measure of accountability that honors their memory.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who can bring a wrongful death claim, but it ensures that those most affected have the right to seek justice. Eligible family members typically include:
- A surviving spouse, whether married or common-law
- Children, including biological and legally adopted children
- Parents of the deceased
If none of these family members files within three months, the executor or personal representative of the estate may also bring the claim, unless all surviving relatives object.
For most families, the legal process is too overwhelming to consider in their state of grief. However, our attorneys gently guide our grieving clients through the process to protect their emotional state and their best interests for the future.
Wrongful Death Remedies and Compensation
A wrongful death claim can help your family recover compensation for both financial losses and the non-economic effects that accompany an unexpected death.
Recovery of damages may include:
- Medical expenses: Costs related to treatment and care prior to death.
- Funeral and burial costs: Expenses for final arrangements and services.
- Loss of earning capacity: The income and benefits your loved one would have provided.
- Loss of companionship: The absence of your loved one’s presence, support, and guidance.
- Mental anguish: The suffering experienced by surviving family members.
- Loss of inheritance: What the deceased would likely have accumulated and passed on.
- Punitive damages: In cases involving extreme negligence or reckless conduct.
While these recoveries cannot replace what you’ve lost, they can provide stability for the future. For examples of how our firm has helped families rebuild after tragedy, see our case results.
Common Defenses to Wrongful Death Lawsuits
Unfortunately, even in the face of tragedy, defendants and insurance companies often attempt to avoid full responsibility. Common defense strategies include:
- Comparative fault: Claiming that the deceased caused or contributed to the accident (Tex. Civ. Prac. & Rem. Code § 33.001).
- Lack of causation: Arguing that the death was due to unrelated health issues or external causes.
- Legal immunity: Government entities may have limited liability under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code, Chapter 101).
These defenses can feel profoundly unfair to grieving families. At O’Hare and Koch, we anticipate them by preparing every case with comprehensive evidence, including eyewitness accounts, expert analysis, photographs, video documentation, technical or equipment data like vehicle downloads, and medical testimony to ensure the truth of your loved one’s story is fully heard and respected.
Texas Statute of Limitations and Mandatory Notices Regarding Wrongful Death
In Texas, most wrongful death lawsuits must be filed within two years of the date of death (Tex. Civ. Prac. & Rem. Code § 16.003(b)). Failing to file within that window can bar recovery, no matter how strong the claim.
There are, however, important exceptions that can alter or extend the filing deadline:
- Minor claimants: When a surviving child is entitled to bring a wrongful death claim but was under 18 at the time of the death, the statute of limitations does not begin to run until that child turns 18. However, claims for minor children can be handled by duly qualified representatives.
- Discovery of hidden negligence: If wrongdoing or the cause of death was concealed and could not have been reasonably discovered earlier through the exercise of diligent investigation, the two-year period may start when the negligence is discovered.
- Claims involving government entities: When the potential defendant is a city, county, or state agency, Texas law often requires formal written notice—sometimes within as little as six months of the incident—under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Ch. 101). Missing this notice deadline can also preclude claims even when the statute of limitations deadline has not passed.
Because these rules are complex and unforgiving, it is best to consult an experienced wrongful death attorney as soon as possible. Acting quickly helps preserve crucial evidence and ensures your claim complies with all notice and filing deadlines.
Why Dallas Families Choose O’Hare and Koch After a Fatal Accident
Wrongful death cases demand equal parts compassion, expertise and determination. At O’Hare and Koch, we recognize that every case represents a family’s story, and we treat it with the respect it deserves.
- Conduct in-depth investigations into how and why the death occurred
- Identify all responsible parties, from individuals, to companies, to governmental entities
- Work with experts in accident reconstruction, economics, and medicine
- Present persuasive evidence through photos, graphics, reports, and testimony
- Negotiate or litigate to pursue the recovery of the full value of your claim
We have represented grieving families across Texas for decades. And to this day, we bring the same commitment and zealous advocacy to every case we accept.
Speak With a Dallas Wrongful Death Lawyer Today
If your family has lost a loved one because of another’s negligence, O’Hare and Koch can help you take the next step toward justice. Call now to schedule a free consultation with a Dallas wrongful death lawyer.
When you contact our firm, we will listen to your story, review the details of your case, and explain your legal options in clear, compassionate terms. There are no upfront costs or attorney’s fees unless we recover compensation for you.