Serious injuries and loss
Dallas wrongful death lawyer.
When someone you love dies because another person or a company was careless, the legal questions can wait a few days. Some evidence cannot. Texas lets the spouse, children and parents bring a wrongful death claim, and the estate can bring a separate claim for what your loved one went through. We take the legal work off your family, move quickly on the evidence, and explain each step in English or Spanish at a pace that respects your grief.
Right now
In the first weeks.
- 01
Take care of your family first
The funeral, the children and each other come first. You do not have to make legal decisions this week. A short call with us can tell you what, if anything, cannot wait.
- 02
Keep every paper
Police or crash report numbers, hospital and ambulance bills, the death certificate, funeral receipts, pay stubs and tax returns. Put them in one folder, even if you do not read them yet.
- 03
Do not talk to the other side's insurance
An adjuster may call with condolences and questions. You do not have to answer, give a recorded statement or sign a release. Tell them your lawyer will call back.
- 04
Ask before anything is thrown away
The car, a phone, clothing, a product or a damaged part of a building can be key evidence. Ask the tow yard, landlord or employer not to destroy it, and call us so we can send a formal letter.
- 05
Talk with us before you sign
A quick settlement offer or a probate paper can affect every family member's rights. The consultation is free and private, in English or Spanish.
Key deadlines and numbers
- Deadline to sue
- Generally 2 years from the date of deathSource: Tex. Civ. Prac. & Rem. Code 16.003
- Who can bring the wrongful death claim
- Surviving spouse, children (including adult children) and parentsSource: Tex. Civ. Prac. & Rem. Code 71.004
- If no family member files
- After 3 months, the estate's representative may file for themSource: Tex. Civ. Prac. & Rem. Code 71.004(c)
- The estate's own claim
- Survives the death: pain before death, medical and funeral costsSource: Tex. Civ. Prac. & Rem. Code 71.021
- Claim against a city, county or school district
- Written notice often due within 6 months, sometimes soonerSource: Tex. Civ. Prac. & Rem. Code 101.101
Texas law
How Texas law handles a death claim.
Texas splits a death case into two claims. The wrongful death claim belongs to the family and covers what they lost. The survival claim belongs to the estate and covers what the person who died suffered and paid before death. Both are usually filed together, and both depend on proving that someone else's carelessness caused the death.
| Claim | Who it belongs to | What it can cover |
|---|---|---|
| Wrongful death | Spouse, children and parents | Lost financial support, lost household services and advice, loss of companionship and love, mental anguish, lost inheritance. |
| Survival | The estate (heirs or the representative) | Your loved one's pain and mental anguish before death, medical bills and funeral and burial costs. |
| Exemplary (punitive) damages | Family or estate, when the law allows | Extra damages when the conduct was gross negligence, shown by clear and convincing evidence. Usually capped. |
Brothers and sisters cannot file
The Texas statute lists only the spouse, children and parents. Grandparents, siblings and fiancés are not on the list, even when they were the closest family. Adopted children and adoptive parents are included.
Source: Tex. Civ. Prac. & Rem. Code 71.004Death at work
If the employer carried workers' comp, the family usually receives death benefits through comp. The spouse and children can still sue the employer for exemplary damages if gross negligence caused the death, and can sue any outside company that shares the blame. If the employer had no comp, a regular negligence suit is possible.
Source: Tex. Labor Code 408.001Punitive damages have limits
Exemplary damages require clear and convincing proof and a unanimous jury, and are usually capped at the greater of $200,000 or two times economic damages plus noneconomic damages up to $750,000.
Source: Tex. Civ. Prac. & Rem. Code 41.008Fault is still divided
The defense can argue that the person who died was partly at fault. If that share is more than 50%, the claim ends. Otherwise the recovery is reduced by that percentage.
Source: Tex. Civ. Prac. & Rem. Code 33.001How we work
How we handle a death case.
Mr. Estrada reads the file and sets the strategy. Our team works the case with him and keeps one family contact updated, so you are not repeating the hardest story over and over.
01
Find out exactly what happened
Police and crash reports, 911 audio, camera footage, the medical examiner's findings, and the vehicle, product or property involved. We send preservation letters early so nothing is lost or repaired.
02
Identify every responsible party
A driver and the company that employed them, a property owner, a product maker, a bar that over-served, or a contractor on a job site. Each one may carry its own insurance.
03
Organize the family's claims
We confirm who the beneficiaries are, whether an estate needs to be opened, and how a recovery would be divided, so the family stays together on the same plan.
04
Show what your loved one meant
Economists put a number on lost support and services. Family photos, stories and people who knew them show the jury the rest.
05
Negotiate, and file when needed
We present a demand backed by the evidence. When the insurers will not treat the loss seriously, we file suit and prepare the case for trial.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Mr. Estrada did an excellent representation of my case and was very explicit and direct on what my consequences were and implications.”Questions families ask us.
- Who pays for the funeral right now?
- Sometimes life insurance, a PIP policy or the Texas Crime Victims' Compensation Program when a crime caused the death. We help you look at what applies so the family is not carrying it alone.
- Does there have to be a criminal case first?
- No. A criminal case and the civil claim are separate, with different rules and different goals. The civil claim does not wait for the criminal case, and the deadline keeps running.
- Does immigration status matter?
- Families can bring a claim whether or not the person who died, or the family, has papers. Talk to us privately. What you tell us stays between you and the firm.
- What if a child is a beneficiary?
- A court must approve a minor's share, and the money is usually protected in a trust or the court registry until the child is older. We set that up as part of the case.
Dallas and Odessa
Death cases in Dallas County and the Permian Basin.
From Oak Cliff we handle fatal crashes on I-35E, I-30, I-20, Loop 12 and US-67, and deaths on job sites and in apartment complexes across Dallas County, where the Dallas County Medical Examiner's findings are often the starting point. Our Odessa office handles fatal truck and oilfield cases on I-20, SH-191 and lease roads in Ector and Midland counties, where an inquest may be handled by a justice of the peace. Suits are filed in the county where the facts happened or where a defendant is based.
FAQ
Questions people ask.
Who can file a wrongful death lawsuit in Texas?
The surviving spouse, the children and the parents. They can file together or separately, and one suit benefits all of them. If none of them files within three months, the representative of the estate may file, unless all of them ask that it not be filed.
How long do we have to file?
Generally two years from the date of death. Claims against a government body can require written notice within months, and some cases have other deadlines. Call early so we can check which rules apply.
What is the difference between a wrongful death claim and a survival claim?
The wrongful death claim is for the family's own losses: support, companionship, grief. The survival claim is the claim your loved one would have had if they had lived: their pain before death and their medical and funeral costs. It goes to the estate.
Can I file if my brother or sister died?
Not as a wrongful death beneficiary. Texas does not include siblings. A sibling can sometimes be involved as the representative of the estate for the survival claim, and the spouse, children or parents may still have a claim.
Can we sue if the person who caused the death was charged with a crime?
Yes. The criminal case is brought by the State and can lead to jail or probation. The civil case is brought by the family and is about compensation. Evidence from the criminal case can help the civil case, but you should not wait for it to end.
How much does it cost to hire you?
The first consultation is free. Injury and death cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- 18 wheeler and truck accidents
- Drunk driver crashes
- Oilfield injuries
- Workplace injuries
- Catastrophic injuries
- Defective products
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.