Wrongful Death Lawyer in McKinney, TX
McKinney Wrongful Death
Lawyer
Losing someone because of another person's negligence leaves a family with grief, financial pressure, and questions they should not have to face alone. A wrongful death claim cannot undo what happened, but it can provide the financial stability that allows a family to grieve, recover, and move forward without the added burden of unpaid medical bills, lost income, and funeral costs. The Darwich Law Firm represents families across McKinney and Collin County in wrongful death cases, as part of a personal injury practice built around direct attorney access and the kind of clear, steady guidance these situations require. The first conversation is free, and there is no fee unless we recover for your family.
Free consultation · 24/7 intake · No fee unless we recover for you
If Your Family Is in This Situation
Making legal calls is one of the last things a grieving family wants to do. We understand that. The reason to call early is not procedural. It is because the evidence that supports a wrongful death claim, from crash data to surveillance footage to driver records, follows the same tight preservation timeline as any injury case. We can take that burden off your family's hands while you focus on what matters most. The first conversation costs nothing and carries no obligation.
Who Can File a Wrongful Death Claim in Texas?
Under the Texas Wrongful Death Act, the right to bring a wrongful death claim belongs to the surviving spouse, the children of the deceased, and the parents of the deceased. Adult children, minor children, and adopted children all have standing. Siblings, grandchildren, and extended family members do not have a direct right to bring the claim under Texas law, though there may be other legal avenues depending on the specific circumstances.
If no eligible family member files a claim within the first three months after the death, the personal representative of the estate may file on behalf of the estate. It is generally better for eligible family members to file directly rather than wait for the estate representative, both to preserve their own individual claims and to ensure the full range of available damages is pursued from the start.
Wrongful Death Claim vs. Survival Action: The Difference Matters
Texas law creates two separate legal claims when someone dies due to another party's wrongful conduct, and both can be pursued at the same time.
- The wrongful death claim belongs to the surviving family members and compensates them for their own losses: the income they depended on, the companionship they lost, the mental anguish of losing a parent, spouse, or child, and the financial support the deceased would have provided in the future.
- The survival action belongs to the deceased person's estate and pursues the damages the deceased could have claimed had they survived, including pain and suffering before death, medical expenses incurred before the death, and lost earning capacity up to the time of death.
Understanding both claims and making sure neither is overlooked is one of the first things we address in every wrongful death case we handle.
How Most Wrongful Death Cases Arise
Most of the wrongful death cases we handle follow a fatal car accident or truck crash, a collision caused by a drunk or impaired driver, a workplace accident, or a situation where medical negligence was a factor. The cause of the death shapes the legal theory of liability, but the underlying framework applies across all of them: a party whose negligence, recklessness, or misconduct caused the death is civilly responsible, and that responsibility may extend beyond the individual who caused the crash to an employer, a trucking company, a property owner, or another entity whose actions contributed.
When a commercial vehicle was involved, the investigation mirrors what we do in serious injury truck crash cases, reviewing the driver's record, the carrier's compliance history, maintenance logs, and the electronic data from the vehicle. When a drunk driver caused the fatality, the civil wrongful death claim can include a request for exemplary damages and may also reach the establishment that overserved the driver.
Our Approach
Why Acting Early Protects the Claim
The evidence that supports a wrongful death claim follows the same tight preservation window as any serious injury case. Traffic and dashcam footage is often overwritten within days. Driver logs and black box data from commercial vehicles can be altered or erased under routine data policies if a legal hold is not in place. Witness memories fade. Physical evidence at the scene is cleared.
Families dealing with funeral arrangements and the immediate shock of a sudden loss are not in a position to chase evidence. That is the job we take over from day one, sending preservation demands, requesting records, and securing the documentation the claim will rest on, while the family has the space to focus on each other.
Fatal Incidents We Handle
Most of the wrongful death cases we handle begin with a fatal car crash. The civil claim examines driver conduct, roadway conditions, and every policy of insurance available to the family.
When a commercial vehicle is involved, the investigation reaches the driver's record, the carrier's compliance history, maintenance logs, and the electronic data from the vehicle itself.
A fatality caused by an impaired driver can support a request for exemplary damages and may also reach the bar or establishment that overserved the driver.
When a death occurs on the job, liability can extend beyond the employer to equipment manufacturers, subcontractors, or property owners whose conduct contributed.
When medical negligence contributes to a death, Texas law applies specific procedural requirements, including an expert report. We handle those requirements as part of a full investigation.
What a Wrongful Death Claim Can Recover in Texas
Compensation in a Texas wrongful death case is specific to the losses each eligible family member suffered. It can include:
- The financial support the deceased would have provided over their working life, based on their income, career trajectory, and expected retirement.
- The value of the household services and caregiving the deceased contributed to the family.
- Loss of companionship, society, and guidance for a surviving spouse and children.
- Mental anguish suffered by each eligible claimant, which is compensated individually.
- Funeral and burial expenses.
- Exemplary damages where gross negligence or malicious conduct caused the death.
The survival action, filed alongside the wrongful death claim, can also recover the deceased's pre-death pain and suffering, medical expenses before death, and lost earnings up to the time of death. If the injuries the deceased sustained before death qualify as catastrophic, those pre-death damages can be significant. Every element of the claim is built on documented evidence and, where needed, expert testimony.
Time Limits on Texas Wrongful Death Claims
Most Texas wrongful death claims must be filed within two years of the date of death. This is a hard deadline in most circumstances, and missing it can permanently end the family's right to pursue compensation, regardless of how clear the liability is. Certain defendants, such as government entities or municipalities, may be subject to shorter notice requirements and different procedural rules that apply before any lawsuit can be filed.
Two years feels like a long time to a grieving family, but the investigation, expert work, and negotiation that go into a wrongful death case take time. Starting early means we can build a complete case rather than a rushed one.
Why Us
How The Darwich Law Firm Works With Wrongful Death Families
Direct attorney access from the first call
You speak with an attorney, not a rotating case manager.
We handle the legal burden immediately
Preservation demands, record requests, and insurance communication start from day one so the family can focus on each other.
We pursue both the wrongful death claim and the survival action
Neither is overlooked.
We prepare for trial if needed
Many wrongful death claims settle, but we build every case as if it will not, because that preparation is often what drives a fair result.
No fee unless we recover for your family
There is nothing upfront.
Wrongful Death FAQs
Who can file a wrongful death claim in Texas?
The surviving spouse, children, and parents of the deceased. If none of them files within three months, the personal representative of the estate may file on behalf of the estate. Siblings and extended family do not have standing to bring the claim directly.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for their own losses: income, companionship, mental anguish, and support. A survival action compensates the estate for what the deceased could have claimed, including pre-death pain and suffering and medical expenses. Both can be filed at the same time and usually are.
What can a wrongful death claim recover in Texas?
Lost financial support, loss of companionship and guidance, mental anguish for each eligible claimant, household services, funeral and burial expenses, and potentially exemplary damages where gross negligence is shown. The survival action can add the deceased's pre-death pain and suffering and medical costs.
How long do we have to file a wrongful death claim in Texas?
Two years from the date of death in most cases, though some defendants, such as government entities, have shorter notice requirements. Missing the deadline can permanently bar the claim. Getting legal help early also protects the evidence the case depends on.
Can we file even if no criminal charges were brought against the person responsible?
Yes. The wrongful death civil claim and any criminal case are completely separate proceedings with different standards of proof. A wrongful death claim can succeed without a criminal conviction or charges.
Do we have to go to court?
Many wrongful death claims resolve through negotiated settlement without going to trial. We prepare every case as if it will go to court, because that preparation is often what produces a fair settlement rather than a pressured one.
Talk to an Attorney When
You Are Ready
We understand that making this call is not easy. When your family is ready to understand your legal options, we are available any time, and the first conversation is free. Reach out to The Darwich Law Firm or call (469) 960-6069.
Free consultation · McKinney, TX · Available 24/7