WRONGFUL DEATH CLAIMS · FORT WORTH, TEXAS
Fort Worth Wrongful
Death Lawyer
Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. What board certification means
Lost someone in Fort Worth or elsewhere in Tarrant County? Talk with us for free about what happened and what Texas law lets your family do next.
No fees or expenses unless you recover
Trial lawyerLicensed in Texas since 2002
A Fort Worth office.4200 South Freeway, Suite 412
Free first callDay or night
NO FEES OR EXPENSES UNLESS YOU RECOVER
Lost a loved one in Fort Worth?
A free conversation can help you understand your next step.
IN OUR CLIENTS’ WORDS
Personal attention.
Remembered by our clients.
Communication was above and beyond!
Aaron was awesome, polite and patient.
I am very content, outstanding staff
Excerpts from testimonials published by the firm. Individual experiences vary; these are not promises of a particular result.
KNOW WHO IS IN YOUR CORNER
Aaron A. Herbert
Board Certified in Personal Injury Trial Law
Texas Board of Legal Specialization
YOUR RECOVERY. OUR FOCUS.
We’re sorry
for your loss.
Maybe the call came at night. A crash on I-35W, a fall at a job site, a doctor who missed something. Now there are forms on the kitchen table, and an adjuster has already left a voicemail.
You don’t have to sort it out alone. Tell us who you lost, where it happened, and who has called you so far. We’ll tell you plainly what Texas law allows and who in your family has the right to bring the claim.
Let’s talk about your situationA trial lawyer.
Look up Aaron Herbert on the State Bar of Texas website before you call. Then ask how we would present your loss to a Tarrant County jury if the insurer won’t pay.
Someone has to save the evidence.
The wrecked car goes to a salvage yard. The trucking company’s logs get overwritten. Early on, we send letters asking each of them to hold on to what they have.
Call when you’re ready.
Some families call the week of the funeral. Others wait months. Ask the same question twice if you need to. Just keep the two-year deadline in mind.
A RECORD OF ADVOCACY
Real cases.
Meaningful results.
Selected outcomes published by the Law Firm of Aaron A. Herbert. Every case begins with its own facts.
A collision involving a tractor-trailer that failed to control its speed.
A rear-end collision involving a commercial van.
A pedestrian struck by a van in a crosswalk.
An employee injured by defective machinery.
A grocery-store fall involving a substance on the floor.
A fall involving a defective walkway at a private event venue.
Prior results do not guarantee a similar outcome. These are not identified as wrongful death cases. Figures are as published by the firm, not amounts clients necessarily received after fees and expenses.
View all published resultsFORT WORTH AND TARRANT COUNTY
What Texas law says
after a death in
Tarrant County.
TxDOT counted 190 traffic deaths in Tarrant County in 2025. Each one left a family with the same questions.
Who in the family can file?
Under the Texas Wrongful Death Act, the claim belongs to the surviving spouse, the children, and the parents. Adult children count. One of them can file for all of them. Brothers and sisters can’t bring a wrongful death claim in Texas, even when they were the closest family.
If none of them files within three calendar months of the death, the executor or administrator must bring the case, unless all of them ask the representative not to. See CPRC §71.004.
What about the estate?
A second claim, the survival action, belongs to the estate. It covers what your loved one went through before death, such as pain and hospital bills (CPRC §71.021).
In Tarrant County, estates are opened in Probate Court No. 1 or Probate Court No. 2 at the Tarrant County Courthouse, 100 W. Weatherford Street. Bring any will you have. It helps us see who can act for the estate.
How long does the family have?
Usually two years from the date of death, not the date of the injury. Say your father was hurt in March and died in June. The clock started in June.
Some cases carry shorter notice rules, such as claims against a city or county. So ask us to check your dates early.
When can a jury punish the wrongdoer?
A drunk driver or a company that knew about a deadly danger and ignored it. Texas allows exemplary damages for gross negligence, but the family must prove it by clear and convincing evidence (CPRC §41.003).
The Texas Constitution, art. XVI, §26, also protects this right for a surviving spouse and children when a death comes from a willful act or gross neglect.
WHY CHOOSE AARON HERBERT?
Working with
Aaron Herbert.
If you’re still weighing which lawyer to call, our Wrongful Death and Family Support Center lists the questions worth asking. Here is what you can expect from us.
From the firm: why speaking with an injury attorney matters.
A board-certified trial lawyer
Aaron is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. You can check it on the State Bar of Texas website in about a minute.
You can reach your lawyer
You’ll know who handles your case and how to reach them. Aaron talks with families directly about what is happening and what comes next.
We take the insurance calls
Once you hire us, adjusters call us, not you. Bring every letter and voicemail you have. We’ll read them first.
Spanish-speaking staff
Our team includes Spanish speakers. If your family speaks another language, tell us, and we’ll arrange an interpreter.
Ready for a Fort Worth jury
Most cases settle. Insurers notice which lawyers are ready to try a case at the Tom Vandergriff Civil Courts Building. We prepare every file as if a jury will see it.
No fees or expenses unless you recover
The first meeting is free. Ask us to walk through the fee and costs with a sample number before you sign. The contract spells it out.
BEFORE YOU CALL
What to bring to
your free consultation.
You don’t need every paper. Bring what is easy to find, and we’ll help you get the rest. Call even if all you have is a name and a date.
- 1
The basics.
The date, the place, and how you learned what happened. A death certificate, if you have it.
- 2
The reports.
A crash report number, a police case number, or an OSHA or hospital contact. A business card from an officer helps.
- 3
The family.
Names of the spouse, children, and parents. Tell us about any will or any probate papers already filed.
- 4
The letters.
Anything from an insurer or a company. Please don’t sign a release or give a recorded statement before a lawyer has read it.
Wrecked cars get sold for scrap, and some video is recorded over in days. Calling soon lets us ask that it be kept.
UNDERSTANDING YOUR CLAIM
Every family’s
loss is different.
The law asks three things.
These are the questions we start with in every Fort Worth wrongful death case.
What caused the death?
An 18-wheeler on I-20 whose driver had been awake too long. A drunk driver on Camp Bowie Boulevard. A trench on a job site with no shoring. Texas law asks whether a wrongful act, neglect, or carelessness caused the death (CPRC §71.002).
Who else shares the blame?
The jury can assign a share of blame to the person who died. Over 50% means the family gets nothing. At 20%, the award shrinks by a fifth (CPRC §§33.001, 33.012).
What did your family lose?
Lost pay and benefits, yes. But also the advice, care, and company of the person you lost. The Texas Supreme Court allowed parents to recover for that loss of companionship in Sanchez v. Schindler (1983).
Learn more in our Texas wrongful death knowledge hub, see how Texas injury claims are valued, read about damages in serious cases, or read about fatal car accidents in Texas. Families near Dallas can visit our Dallas wrongful death page.
CLEAR ANSWERS. A BETTER NEXT STEP.
Wrongful death
questions.
Your situation is unique.
We’re here to listen.
Does it cost anything to talk with you?
No. The first talk is free. If you hire us, you pay no fee or expenses unless you recover. Ask us how the money would split on a sample settlement.
Can my brother or sister file a wrongful death claim?
No. Texas limits the wrongful death claim to the spouse, children, and parents. A sibling can sometimes act for the estate as its executor or administrator, though. That is a separate claim, and we can explain how it works for your family.
Can an adult child file for a parent’s death?
Yes. The law says children, with no age limit. One child can file for the whole family, and the others share in the result.
How is the money divided among family members?
The jury decides each person’s share (CPRC §71.010). A spouse and three children can each get a different amount. When the case settles, the family agrees on the split, sometimes with a court’s help.
How long do we have to file?
Usually two years from the date of death. Claims against a government body can carry much shorter notice deadlines. See CPRC §16.003 ↗.
There is a criminal case. Do we have to wait?
No. A civil claim runs on its own track, and it can go forward even if no one is charged. A conviction can help, but the family doesn’t need one to win.
What if the insurance company says my loved one was at fault?
Insurers try this all the time, especially when the person can’t tell their side. Skid marks, the car’s data recorder, and a witness who stopped to help can change that picture.
Where can I find support beyond the legal case?
Visit our Wrongful Death and Family Support Center. It explains how we help families and includes a short questionnaire you can fill out when you’re ready.
FIGHTING FOR THE SERIOUSLY INJURED
Ready to take
your next step?
Tell us what happened. We’ll help you understand your options.
No fees or expenses unless you recover.