Losing a loved one in a fatal car accident is a sudden and shattering experience. If your family is facing this tragedy, a Texas fatal car accident lawyer can step in to manage the legal process, giving your family the space to grieve without the added weight of an insurance claim or lawsuit.
These cases require careful investigation, preservation of evidence, and a clear damages claim that reflects both the financial and personal harm your family has suffered. Law Firm of Aaron A. Herbert, P.C., is here to take the burden off your shoulders and guide you through this difficult time.
Call us at (214) 200-4878 or contact us online for a free, confidential consultation to understand your options.
Why Choose Law Firm of Aaron A. Herbert, P.C. for Your Family's Wrongful Death Claim
Choosing a law firm to handle a wrongful death claim is a decision that affects your family’s future. We believe that direct, personal attention from a board-certified attorney makes a critical difference in both the process and the result.
Board-Certified Lawyer
Aaron A. Herbert is Board Certified in Personal Injury Trial Law. This distinction signifies a tested and proven level of expertise in handling complex injury and fatality cases. His background gives our firm the knowledge to build a strong foundation for your claim from the very start.
Direct Access to Your Attorney
When you work with our firm, you’ll speak directly with Aaron. He personally calls clients to provide updates, answer questions, and set clear expectations. You’ll never feel like just another case file because our selective caseload allows us to give every family the personal focus they need.
Unmatched Efficiency
Our firm uses a unique workflow system to move cases forward without unnecessary delays. This structured approach allows us to resolve cases months faster than many other personal injury firms. We understand your family needs accountability, and we work diligently to achieve a fair resolution as efficiently as possible.
Compassionate Bilingual Support
We provide clear communication in the language you feel most comfortable using. Our staff includes fluent Spanish speakers, and we can arrange live interpreters when needed. Call (214) 200-4878 today to speak with a team that will help you feel heard, supported, and understood.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who can file a wrongful death claim after a fatal car accident to a spouse, children, or parents. Not every relative affected by the loss can bring the action. That matters because filing with the wrong party can delay the case or create legal challenges the insurance company may use against your family.
Law Firm of Aaron A. Herbert, P.C. helps families identify the proper parties, coordinate the claim, and move the case forward correctly from the beginning.
Eligible parties may include:
- Surviving Spouse: A surviving husband or wife may file a wrongful death claim individually or with other eligible family members.
- Children: Biological and legally adopted children may bring a wrongful death claim for the loss of a parent.
- Parents: A deceased person’s parents may file a wrongful death claim for the loss of their child.
- Executor or Administrator: If no eligible family member files within three calendar months after the death, the executor or administrator of the estate may bring the claim unless all eligible family members request otherwise.
One surviving spouse, child, or parent may file the lawsuit on behalf of all eligible wrongful death beneficiaries. Grandparents, siblings, and other relatives generally cannot file a Texas wrongful death claim.
We can help your family determine who has the legal right to file, avoid disputes over standing, and protect the claim before deadlines or procedural issues create problems.
How Do You Prove Fault After a Fatal Car Accident in Texas?
A Texas fatal car accident lawyer proves fault by showing that another person’s careless, reckless, or wrongful conduct caused your loved one’s death. In a wrongful death claim, that may mean proving a driver was speeding, distracted, impaired, fatigued, or otherwise failed to drive with reasonable care.
Law Firm of Aaron A. Herbert, P.C. investigates fatal crashes with the care these cases demand. Our legal team can gather crash reports, witness statements, vehicle data, surveillance footage, phone records, toxicology results, and accident reconstruction evidence.
Whether the crash happened on the Dallas North Tollway, an El Paso surface street, or US 83, we work to identify what went wrong and who can be held responsible.
Evidence may come from the Dallas Police Department, the Harris County Sheriff’s Office, medical examiners, roadway cameras, nearby businesses, or other sources that can help explain how the collision happened.
From the Dallas County Courthouse to courts across Texas, our firm builds the proof needed to pursue accountability for your family.
The High Standard of Gross Negligence
In some cases, the evidence shows more than ordinary carelessness. A driver who races through traffic, drives drunk, or travels at extreme speeds may have acted with gross negligence.
When Texas law allows it, our firm can pursue exemplary damages to punish especially dangerous conduct and help deter similar harm in the future.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
In Texas, a wrongful death claim focuses on the family’s losses, while the survival action focuses on the harm your loved one suffered before death. Families often need both claims to pursue the full value of what happened.
Law Firm of Aaron A. Herbert, P.C. can evaluate both paths, identify who can bring each claim, and ensure no category of recovery is overlooked.
| Wrongful Death Claim | Survival Action | |
| Purpose | Addresses the losses that surviving family members suffer because of the death | Addresses the harm your loved one suffered before death |
| Who Can File | Surviving spouseChildrenParents The estate’s executor or administrator | The estate’s legal representative |
| Whose Losses It Covers | It covers the family’s losses, including the emotional and financial impact of losing their loved one. | It covers the deceased person’s losses from the time of injury until death. |
| Possible Damages | Lost financial supportLost inheritanceLost love and companionshipLost care and servicesMental anguishOther family losses | Medical billsWages lost between the accident and the deathConscious pain and suffering before deathBurial and funeral costs |
| Who Recovers Compensation | Eligible surviving family members | The deceased person’s estate |
| Why It Matters | It helps the family pursue compensation for how the death changed their lives. | It preserves the injury claim your loved one could have brought if they had survived. |
How a Texas Wrongful Death Lawyer Handles Insurance Issues After a Fatal Crash
After a fatal car accident, insurance companies often move quickly to protect themselves. The adjuster may sound sympathetic, but their job is to limit what the company pays. That can create real risk for a grieving family trying to make decisions before the full financial impact of the loss is clear.
Protecting You From Adjuster Pressure
When you work with Law Firm of Aaron A. Herbert, P.C., you won’t have to speak with the other driver’s insurance company on your own. Adjusters may ask for recorded statements, push for a fast settlement, or request broad releases that give them access to information they don’t need.
Your Texas fatal car accident lawyer takes over those communications for your family. We’ll handle the insurer, protect the claim from blame-shifting tactics, and make sure your family understands what your case may be worth.
Identifying Every Available Insurance Policy
Some fatal crashes involve drivers with no insurance or too little insurance to cover the loss. When that happens, our firm looks for other possible sources of recovery, including Uninsured/Underinsured Motorist (UM/UIM) coverage.
UM/UIM coverage may apply through your loved one’s auto policy or another available household policy. Even when your family paid for this coverage, the insurance company may still question the claim, delay payment, or dispute the value of the loss.
We can manage that process and pursue the benefits available under the policy.
Our Strategic Approach to Building Your Texas Wrongful Death Case
A strong Texas wrongful death case starts with careful investigation and clear evidence. At Law Firm of Aaron A. Herbert, P.C., we move quickly to protect your family’s rights, identify every available source of recovery, and prepare the case as if it may need to go to trial.
This work often begins long before a lawsuit gets filed. Evidence can disappear, witnesses can become harder to reach, and insurance companies may start building defenses right away.
Your Texas fatal car accident lawyer takes early action so your family doesn’t have to manage these legal and financial pressures alone.
Some of the steps we may take include:
- Immediate Investigation: Our team moves quickly to preserve photos from the scene, vehicle data, witness statements, roadway evidence, and other proof before it disappears or changes.
- Document Collection: We gather key records, including the police crash report, autopsy findings, medical records, and treatment records from hospitals such as Parkland Memorial Hospital or Baylor University Medical Center.
- Expert Consultation: Your lawyer may work with accident reconstructionists, medical experts, life-care planners, or financial experts to explain how the crash happened and what the loss means for your family.
- Estate and Court Filings: We handle legal filings that may be needed to move the case forward, including estate-related issues, letters of administration, pleadings, and discovery if a lawsuit becomes necessary.
- Strategic Negotiation: Your attorney prepares a detailed demand for the insurance company, supported with evidence. We’ll negotiate from a position of strength while staying ready to take the case to court.
FAQ for Texas Fatal Car Accident Lawyer
How Long Do You Have To File a Wrongful Death Claim in Texas?
In most cases, Texas gives families two years from the date of death to file a wrongful death lawsuit. Missing that deadline can prevent your family from pursuing compensation. Even with two years, waiting can make it harder to prove your case.
Evidence may disappear, witnesses may become harder to reach, and insurance companies may use delays against your claim. Speaking with a lawyer early helps protect your family’s options.
Who Can Be Held Responsible for a Fatal Car Wreck in Texas?
After a fatal car crash, the negligent driver may be the first responsible party, but they may not be the only one. Depending on the facts, liability may also involve a trucking company, delivery company, vehicle manufacturer, government agency, or a bar that over-served a drunk driver under the Texas dram shop law.
Should We Accept the Insurance Company's First Offer?
Don’t accept a settlement offer after a fatal car crash without first having a lawyer review it. The first offer is almost always lower than the true value of your claim because insurance companies want to resolve cases quickly and for the least amount of money.
Accepting it permanently closes the case, preventing you from seeking further compensation later.
What Is the Difference Between Economic and Non-Economic Damages?
Economic damages are tangible financial losses, such as lost income, lost services, medical bills, and funeral costs, with a specific dollar amount.
Non-economic damages are intangible human losses, such as a family's mental anguish and loss of companionship, that don’t have a set price but are legally recognized as compensable harms.
What if Our Family Can't Afford a Texas Fatal Car Accident Lawyer?
Law Firm of Aaron A. Herbert, P.C. doesn’t charge any upfront fees. You only pay us if we successfully recover money for your family.
Let Us Carry the Legal Weight
Your family has enough to bear right now. Let a dedicated and experienced legal team handle the fight for accountability and financial stability. Attorney Aaron A. Herbert and our team are ready to put our experience to work for your family.
Call Law Firm of Aaron A. Herbert, P.C. today at (214) 200-4878 or fill out our online form for a free, no-obligation consultation.