Texas Wrongful Death Lawyer
There is no settlement that makes this kind of loss right. What we can do is hold the people responsible accountable — financially, civilly, and on the public record — and make sure the family has the resources to move forward. Kent handles these cases personally and with the discretion they require.
No fee unless we win. Available 24/7. Same-day response.
What the family needs to know first
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Take care of the family before anything else.
The legal process can wait a few days. Texas wrongful-death law gives the family two years to file. Get medical, mental health, and grief support in place first.
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Don't talk to the at-fault party's insurer.
Within 24–72 hours of a fatality, the at-fault party's insurance company will reach out. Often very kindly. Anything the family says is recorded and used later. Refer them to an attorney.
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Preserve every record you have.
Phones, social media, emails, dashcams, security camera footage from your own home, employment records, medical bills, the autopsy report when it's available. We'll request the rest from authorities.
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Identify who is legally entitled to file.
Texas limits wrongful-death claims to the surviving spouse, children, and parents. Other relatives may have separate 'survival' claims. Getting the right plaintiff(s) named early matters.
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Call when ready — not before.
Free, confidential consultations. Kent will explain the legal options without pressure. Many families take a week or two before the first call. That's appropriate.
Texas wrongful death law — who, what, and how long
Two distinct claims arise from a wrongful death in Texas: the wrongful death claim (for the surviving family's losses) and the survival claim (for the deceased's pre-death pain and suffering and damages, brought by the estate). They are separate and have separate damages.
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Who can file a wrongful death claim
Texas limits wrongful-death plaintiffs to the surviving spouse, children, and parents. They may bring the case jointly or any one of them may. After 3 months without family action, the personal representative may file.
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Damages available
Lost financial support, loss of household services, loss of companionship, mental anguish, and (in egregious cases) punitive damages. Funeral and burial expenses are recoverable through the survival action.
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Survival actions
Brought by the estate. Recovers damages the deceased themselves could have recovered had they lived — pain and suffering between injury and death, medical bills, and pre-death lost wages.
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Two-year statute of limitations
Like other Texas PI cases — but the clock runs from the date of death, not the date of the underlying injury. Some specific scenarios (medical malpractice involving fraud, claims against governmental units) have shorter or different deadlines.
Why Kent for wrongful death cases
These cases require a particular combination of trial readiness and discretion. Kent has tried wrongful-death cases involving drunk drivers, commercial trucking deaths, workplace fatalities, and medical negligence. He knows when to push and when to let the family lead.
Decades of jury experience in fatality cases
Wrongful-death cases that get to trial require a lawyer who can present the loss to a jury without theatrics. Kent has done this many times.
Direct involvement, no handoff
Wrongful-death families don't get passed to a junior associate. Kent works the case from start to finish.
Discretion
Some families want the case private; others want public accountability. Both are legitimate, and Kent calibrates the case to the family's wishes.
Talk to Kent about your wrongful death case.
Free consultation. No fee unless we win. Same-day response.
Wrongful Death — frequently asked questions
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Who can file a wrongful death case in Texas?
The surviving spouse, children, and parents of the deceased. They may file jointly or individually. If three months pass without family action, the executor or administrator of the estate may file. Other relatives (siblings, grandparents) generally cannot bring the wrongful-death claim itself, though they may have related claims.
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What's the difference between wrongful death and survival?
Wrongful death compensates the survivors for THEIR losses (companionship, support, mental anguish). Survival compensates the estate for what the deceased themselves suffered between injury and death (pain, medical bills, lost wages). Both can be brought together.
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How long do we have to file?
Two years from the date of death in Texas, with limited exceptions. Don't wait — evidence in fatal-incident cases often disappears (vehicle repairs, security footage, witness availability) much faster than the statute runs.
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Will we have to go to trial?
Most wrongful-death cases settle. The credible threat of trial is what makes settlements fair — and Kent's track record means defendants and their insurers take the threat seriously. We will not push the family toward trial unless the family wants it.