Best Wrongful Death Lawyers in Irving, Texas

When an Irving death may support a wrongful death claim

Texas law may allow certain family members to seek compensation when a person dies because of another party’s wrongful act, neglect, carelessness, unskillfulness, or default. The claim is civil and separate from any criminal investigation.

In Irving, a fatal crash on SH 183, I-635, Loop 12, or another busy route may involve several drivers, commercial carriers, or insurers. Deaths connected to a Las Colinas worksite, a dangerous property, or a defective product can also require evidence from multiple companies.

Texas wrongful death claims are generally brought by the deceased person’s spouse, children, or parents. A lawyer can assess who may bring a claim, identify potentially responsible parties, preserve evidence, and explain which losses may be recoverable.

Why you may need a lawyer

• A fatal roadway collision: A crash on SH 183, I-635, or Loop 12 may involve disputed fault, multiple vehicles, commercial drivers, or vehicle data that needs prompt preservation.
• A worksite death in Las Colinas: Contractors, property owners, equipment suppliers, and employers may have different roles. Workers’ compensation rules can affect claims involving an employer.
• A death involving a commercial truck or delivery vehicle: Driver logs, company policies, maintenance records, and insurance coverage may be held by different parties.
• A death at an apartment, business, or other property: A claim may depend on whether an owner or operator knew of a hazard and took reasonable steps to address it.
• A death involving a medical provider or product: Expert evidence and special procedural rules may apply, making early legal review important.

Texas laws that may apply

• Texas Civil Practice and Remedies Code, Chapter 71, Wrongful Death and Survival Actions: Section 71.004 identifies the spouse, children, and parents who may bring a wrongful death action. Section 71.021 separately permits a survival action for claims the deceased person could have brought.
• Texas Civil Practice and Remedies Code, Section 16.003(b): A wrongful death action generally must be filed within two years of the date of death. Exceptions can affect the deadline, so families should not assume they have the full period.
• Texas Tort Claims Act, Texas Civil Practice and Remedies Code, Chapter 101: This law governs certain claims against Texas governmental units and sets notice requirements. Section 101.101 generally requires notice within six months, and a local charter may impose a shorter period.

Frequently asked questions

Who can bring a wrongful death claim in Texas?

The deceased person’s surviving spouse, children, or parents may bring a claim. One or more eligible family members can file for the benefit of the statutory beneficiaries.

Can siblings or other relatives recover wrongful death damages?

Siblings, grandparents, and other relatives are not listed as wrongful death beneficiaries under Texas law. A lawyer can review whether another legal claim or role may apply to the circumstances.

How long do family members have to file?

The general deadline is two years from the date of death. Exceptions and shorter notice rules for claims involving government entities may apply, so prompt advice is important.

What if no eligible family member files a claim?

If no wrongful death action is filed within three calendar months after the death, the deceased person’s personal representative generally must bring one. The representative does not have to do so if all eligible beneficiaries request otherwise.

What losses may a wrongful death claim cover?

Eligible beneficiaries may seek damages for losses recognized by Texas law, which can include mental anguish, loss of companionship, and financial losses. Recoverable damages depend on the evidence and each beneficiary’s circumstances.

Is a wrongful death claim different from a survival action?

Yes. A wrongful death claim seeks damages for eligible family members’ losses, while a survival action concerns claims the deceased person could have pursued before death. Both may arise from the same incident.

Do we need to wait for a criminal investigation to finish?

No. A civil claim can proceed separately from a criminal investigation or prosecution. Evidence gathered by police may be relevant, but the civil case has its own process and proof requirements.

What does it cost to hire a wrongful death lawyer?

Some lawyers handle these cases on a contingency-fee basis, meaning their fee depends on a recovery. Ask for the fee agreement in writing and clarify responsibility for case expenses.

How long does a wrongful death case take?

Timing depends on the investigation, the number of parties, the extent of any dispute, and court scheduling. Some claims resolve through settlement, while others require litigation and may take considerably longer.

Can we bring a claim if the death happened at work?

Possibly. Workers’ compensation coverage, employer status, and claims against contractors or other third parties can affect the available options.

What if a city or other government entity may be responsible?

Special rules can apply, including notice deadlines that may be shorter than the ordinary filing deadline. A lawyer should identify the responsible entity and check the applicable notice requirements promptly.

Official resources

• Irving Police Department: Investigates incidents within its jurisdiction and can provide information about police services and records requests.
• Dallas County Medical Examiner’s Office: Conducts death investigations within its jurisdiction and provides information about medical examiner services and records.
• Texas Department of Transportation Crash Records Information System: Provides access to eligible Texas crash reports and related crash-record services.

Next steps

1. In the first few days, keep police and medical examiner paperwork, photographs, correspondence, and insurance information together. Do not discard the deceased person’s vehicle, phone, or relevant work equipment before asking about evidence preservation.
2. As soon as practical, write down what family members know about the incident, possible witnesses, and involved companies. Preserve messages, photographs, and other records in their original form.
3. Within days, identify whether a government entity, employer, commercial carrier, or medical provider may be involved. Notice requirements can be shorter than the ordinary deadline.
4. Within one or two weeks, contact Texas lawyers who handle wrongful death cases involving similar facts. Ask about investigation steps, likely costs, communication, and who would work on the case.
5. Before hiring, check the lawyer’s license through the State Bar of Texas and ask for a written explanation of fees, expenses, and the scope of representation.
6. After choosing counsel, provide requested records promptly and discuss preserving evidence and notifying insurers. Keep a copy of the signed agreement and note upcoming deadlines.