If your family lost a loved one because of another party's negligence, you can pursue compensation for financial losses, funeral costs, and the long-term impact of that loss. At Law Firm of Aaron A. Herbert, P.C., our Fort Worth wrongful death lawyers investigate the cause of the death, identify every party who may share responsibility, and guide your family through each stage of the legal process.
If your family lost someone because another party failed to act safely, call us at (214) 200-4878 for a confidential case review. Our Fort Worth wrongful death lawyers emphasize early investigation to preserve evidence and determine what legal options may still be available.
Table of contents
- Key Takeaways: Fort Worth Wrongful Death Lawyer
- Why Trust Law Firm of Aaron A. Herbert, P.C.?
- What Is Wrongful Death in Texas?
- Common Types of Wrongful Death Claims
- Who Is Eligible to Initiate a Wrongful Death Claim in Fort Worth, Texas?
- Contact a Fort Worth Wrongful Death Attorney
- Wrongful Death Claim Questions Answered by Our Fort Worth Attorneys
Key Takeaways: Fort Worth Wrongful Death Lawyer
- A wrongful death claim is intended to hold a negligent or wrongful party accountable while helping surviving family members recover financial support the deceased would have provided.
- In Texas, only the surviving spouse, children, and parents may file a wrongful death claim, or a personal representative of the estate.
- Wrongful death cases come from a range of incidents and situations involving preventable harm.
- These claims require detailed proof showing how the incident occurred and who was responsible.
- Families may pursue compensation for both financial and personal losses, including lost future earnings, loss of companionship, medical expenses, and funeral costs.
- Contact our Fort Worth wrongful death attorneys to evaluate your case and help your family secure a fair outcome.
Why Trust Law Firm of Aaron A. Herbert, P.C.?
Wrongful death cases carry a level of financial and emotional weight that most injury claims do not. At the same time, insurance companies and corporate representatives often begin building their defense immediately, sometimes before the family has even received clear answers about what happened.
That is why wrongful death litigation is not simply about filing paperwork or negotiating a settlement number. These cases require detailed investigation, careful damage analysis, and the ability to present the full impact of the loss in a way that insurers, defense attorneys, and juries cannot minimize.
Here are the reasons for choosing us to handle your wrongful death case:
Board Certified in Personal Injury Trial Law
Aaron A. Herbert is board-certified in personal injury trial law. That background becomes especially important in wrongful death cases because insurers may dispute the overall impact of the death on surviving family members. Our attorneys are prepared to build the claim for litigation from the beginning rather than relying entirely on wrongful death settlement discussions.
A Litigation Strategy Built for High-Stakes Cases
We understand that wrongful death claims are not simple once significant compensation is involved. Companies and insurers may challenge how the death occurred, argue over future financial support calculations, or attempt to transfer blame onto the deceased person. In some cases, multiple parties may share responsibility, creating a need for a deeper investigation and greater legal complexity.
Our firm prepares wrongful death cases as though they may ultimately be presented to a jury. This influences how we present evidence, how we retain experts, and how we document damages throughout the process. Insurance companies evaluate cases differently when they know the personal injury attorney handling the matter has substantial courtroom experience and is prepared to move forward if negotiations fail.
Aaron Herbert Personally Communicates With Clients
Families should not feel disconnected from the attorney handling one of the most important cases of their lives. Aaron Herbert personally speaks with clients to explain developments, answer questions, and discuss realistic expectations as the case progresses. That direct communication matters because it helps us handle probate issues, financial uncertainty, insurance negotiations, and ongoing investigations with clarity.
A Selective Caseload That Allows Deeper Case Development
Our firm intentionally controls the number of cases we accept because wrongful death cases require extensive attention. Issues like accident reconstruction, medical review, economic loss analysis, witness interviews, and detailed examination of driver conduct require focused attention. That way, our firm can spend the time needed to develop liability evidence and document the full extent of the family’s losses.
Recognized for Serious Injury and Wrongful Death Litigation
Aaron Herbert holds a 10.0 Superb AVVO Rating, has received the AVVO Client’s Choice Award, and has been nominated to the National Trial Lawyers Top 100. He is also a member of the Million Dollar Advocates Forum. Those recognitions are tied to litigation results, peer evaluation, and client experience rather than marketing language.
Multilingual Support for Families
Our law firm has Spanish-speaking staff and access to live interpreters for additional languages when needed. Families should be able to ask questions, discuss legal decisions, and understand the progress of the case clearly without communication barriers adding more stress to an already difficult situation. Clear communication also helps avoid misunderstandings regarding key issues, such as settlement discussions and court procedures.
No Upfront Legal Fees
You do not have to pay any upfront attorney’s fees or hourly billing costs when handling Wrongful death cases. We only collect legal fees from your settlement after we successfully win compensation. That structure allows your family to begin investigating the case immediately without taking on additional financial pressure during a period when household income and stability may already be severely affected.
Call us today for a confidential case discussion with a Fort Worth wrongful death attorney.
What Is Wrongful Death in Texas?
Texas Civil Practice and Remedies Code § 71.001 defines wrongful death as loss of life that is caused by another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
This provision forms the legal basis for bringing a civil wrongful death claim in Texas courts. In Texas, surviving family members may have the right to pursue compensation when the death could have been avoided if proper care had been exercised.
The statute is used to establish that liability may arise from negligent or wrongful conduct that directly results in death, making it possible for eligible survivors to seek damages such as financial losses and other harm connected to the death.
However, these cases are civil claims, not criminal prosecutions. That means the purpose is not imprisonment or criminal punishment, but financial accountability for the harm the death caused to surviving relatives. A wrongful death claim can exist even if no criminal charges are ever filed against the responsible party.
Common Types of Wrongful Death Claims
Wrongful death claims in Texas arise when a preventable death is caused by negligent or wrongful conduct in any setting. If the responsible party's actions would have supported a personal injury claim had the victim survived, those same facts may support a wrongful death action under Texas law.
In many situations, the determining factor is whether the underlying conduct would have supported a personal injury claim had the individual survived. If so, the same set of facts may also form the basis of a wrongful death action under Texas law.
Wrongful death cases may stem from many different scenarios, including:
- Fatal incidents in industrial or manufacturing environments
- Dog bites or animal attacks causing death
- Errors or delays in medical treatment, surgery, or diagnosis
- Traffic collisions involving pedestrians, cyclists, or other motorists
- Fires, toxic releases, or explosion-related events
- Construction-related incidents such as falls from height or equipment failures
- Dangerous property conditions, including inadequate maintenance or security
- Injuries caused by unsafe or malfunctioning consumer products
- Distracted driving collisions involving phones or other in-vehicle distractions
- Motorcycle accidents with fatal outcomes
- Large vehicle crashes involving 18-wheelers, buses, or rail systems
- Crashes involving intoxicated drivers
When a death is linked to negligent or intentional conduct, Texas law permits the surviving family members to bring a wrongful death claim to seek monetary compensation for their losses and hold the responsible party accountable. Regardless of the type of wrongful death claim you are handling, call our Fort Worth wrongful death lawyers today for a free case review
Who Is Eligible to Initiate a Wrongful Death Claim in Fort Worth, Texas?
Texas Civil Practice and Remedies Code Title 4, Chapter 71, strictly limits who may bring a wrongful death claim after a fatal incident. The right to file is reserved for close family members who had a legal relationship with the deceased at the time of death.
In Fort Worth, a wrongful death action may be brought by:
- The surviving spouse
- The children of the deceased
- The parents of the deceased
These family members may bring a claim individually or together. If one eligible family member does not wish to participate, they are generally not required to join the lawsuit, but their interests are still considered in the overall claim.
When none of the eligible family members file a claim within a set period, the personal representative of the estate may pursue the action on behalf of the beneficiaries. In some cases, the representative may also bring related claims through a survival action, meaning a claim for damages the deceased personally suffered before death, such as pain, medical bills, and lost wages between the injury and the time of passing.
Texas law does not extend the right to file a wrongful death claim to siblings, grandparents, or other extended relatives unless they qualify under specific legal circumstances tied to estate representation. This structure ensures that recovery is directed to those with the closest legal and familial connection to the individual’s loss.
Our Fort Worth wrongful death lawyer can assist your family at the earliest stages of eligibility review and filing. We can help identify who has the legal right to bring the claim, coordinating among multiple eligible relatives, and ensuring the proper party files within Texas deadlines. We also handle the procedural requirements involved in opening or working alongside an estate when necessary.
Contact us right away to properly position your case and support it with the necessary legal foundation.
Contact a Fort Worth Wrongful Death Attorney
When a wrongful death occurs, the legal process can feel overwhelming while families are also dealing with emotional and financial strain. Your family needs to take action early to allow enough time for building a robust claim.
Our team at Law Firm of Aaron A. Herbert, P.C. works with families in Fort Worth to evaluate the circumstances of the loss, identify the proper parties who may bring a claim, and guide the case through each stage of the legal process.
We understand the impact of losing a family member on whom livelihoods depend, and we focus on building a clear, well-supported claim on your behalf. If you are considering a wrongful death claim, reach out to us at (214) 200-4878 to start preparing your case without delay.
Wrongful Death Claim Questions Answered by Our Fort Worth Attorneys
How are wrongful death benefits distributed among eligible beneficiaries?
In Texas, any compensation recovered in a wrongful death claim is generally divided based on the individual losses and relationship to the deceased. When the eligible parties do not agree, a court may determine how the recovery is distributed in a manner it considers fair under the circumstances.
How do I know if I have a wrongful death or murder case?
A death from intentional harm or reckless conduct can lead to both criminal prosecution and a civil wrongful death lawsuit. A civil claim can proceed regardless of whether criminal charges are filed or proven. A wrongful death claim seeks financial recovery for the family, while a criminal charge is pursued by the state. Both can arise from the same incident.
Can I bring a survival action for the death of a family member?
You can bring a survival action to allow the estate of the deceased pursue claims the individual could have brought had they lived. This may include pain and suffering before death, medical expenses, and other losses incurred between the time of injury and death. The claim is typically filed by the estate’s personal representative and is separate from a wrongful death action, though both may arise from the same incident.
How do we prove a wrongful death case in court?
To succeed in a wrongful death claim, the evidence must show that another party’s wrongful act, negligence, or failure to act directly caused the death. This requires proving duty, breach of that duty, causation, and damages. Our Fort Worth wrongful death lawyers will use the evidence, such as witness statements, expert analysis, and other documentation, to connect the defendant’s conduct to the fatal outcome.
What financial compensation can we recover?
Recovery in a wrongful death case can include lost income and benefits the deceased would have earned, loss of inheritance, and the value of household services they provided. Non-economic damages cover the personal and emotional impact of the loss. Your family may also recover funeral and burial expenses and medical costs tied to the final injury.