Aaron Herbert Wrongful Death and Family Support Center
Surviving family needs assessment and support plan
In the first week after a fatal crash, the rent may still be due on Friday, nobody may be free to pick the kids up from school, and an insurance adjuster may already be calling. Use this page to write those problems down and decide which one to handle first.
Start with what is hardest today. Skip any question you would rather talk about in person.
This guide describes needs to talk about. It does not promise a benefit or service. The firm handles legal matters; counseling, probate, tax and housing help come from independent providers, who may charge fees.
The twelve areas
| Area | Questions to ask | Who usually helps |
|---|---|---|
| 1. Safety and housing | Does everyone have a safe place to sleep tonight? Is anyone facing eviction or a utility shutoff? | Family, Texas 2-1-1 (call 2-1-1). |
| 2. Groceries, medicine, bills | What must be paid in the next 7 days? The next 30? Which funds can you legally use? | Employer benefits staff, 2-1-1, creditors' hardship programs. |
| 3. Transportation | Was the family's only car destroyed or held after the crash? Who needs rides to work, school or the funeral? | Relatives, community transit, remote meetings. |
| 4. Grief and trauma | Did anyone witness the death or survive the same crash? Would counseling or a peer group help now, or later? | Licensed counselors, grief programs, faith leaders. |
| 5. Children and dependents | Who handled meals, school runs or care for an older parent? Who is covering those tasks now? | School counselors, relatives with proper authorization. |
| 6. Communication | Is voicemail safe? Do you need an interpreter? Who may attend meetings? | The firm's assigned contact. |
| 7. Funeral and belongings | Who is the funeral home or medical examiner contact? What can the family afford? | Funeral provider, hospital social worker. |
| 8. Insurance and survivor benefits | Is there life insurance, accidental-death coverage or a retirement account? Did family health coverage end? | Employer HR, Social Security. |
| 9. Estate, property and taxes | Is there a will or trust? Has a court appointed anyone to act for the estate? | Probate attorney, accountant. |
| 10. Evidence that may disappear | Is a vehicle about to be repaired or released? Has anyone asked for a statement or a signed release? | Your wrongful death attorney. |
| 11. Who may have a claim | Who are the surviving spouse, children and parents? Is there a disagreement in the family? | Your wrongful death attorney. |
| 12. Privacy and the future | Are reporters, strangers or scammers calling? What will the children need in five years? | The firm, financial and benefits advisers. |
A few points that matter in Texas
| Topic | What to know |
|---|---|
| Deadlines | Wrongful death claims generally must be filed within two years of the date of death, but some cases have shorter notice rules. Ask early. |
| Who can bring the claim | The surviving spouse, children and parents. A survival claim is separate and goes through the estate. |
| Other relatives | Siblings, grandparents and partners may be grieving deeply even when the law does not let them file. Their needs still belong in the plan. |
| Evidence | Tell the attorney about any vehicle, video or equipment. Do not alter it or go onto unsafe property to collect it. |
| Money while the case is pending | A possible claim does not pay this week's bills. Ask the firm what options exist, and have any funding offer reviewed before you sign it. |
Turning the assessment into a plan
Pick the three most urgent concerns. For each, write down the help needed, the person responsible, any consent needed, a target date and the next contact.
| Time frame | Typical focus |
|---|---|
| Today | Safety, food, medicine, a trusted adult nearby. |
| Next 72 hours | Funeral contact, rent and utility deadlines, any evidence at risk. |
| First week | Benefits contacts, school plans, whether referrals led to real appointments. |
| Following months | Health coverage, caregiving, grief support, preparing for case events like a deposition or mediation. |
These are planning targets, not promises of a response time or a legal result.
An example of how priorities change
| Week | A hypothetical Dallas family after a commercial truck crash |
|---|---|
| Day 1 | The spouse works part time. Rent is due in five days, and the family's car is being held after the crash. Her first question is whether there is a lawsuit. |
| Day 3 | Counsel sends preservation requests and starts the investigation. A sister takes over school rides. |
| Day 5 | 2-1-1 refers the family to a Dallas County rent program; the application is pending. |
| Week 2 | Rides are solved, but the family's health insurance ends this month. The employer's benefits office becomes the next call. |
What representation costs
The case review is free, and the firm handles wrongful death cases on a contingency fee, with no fees or expenses unless you recover. Ask for the written agreement and an explanation of the fee percentage, case expenses and how the final distribution is calculated. A probate attorney, therapist or financial adviser would need a separate agreement.
Questions families often ask
Can we call before we have every document?
Yes. Names, the date and place of the incident, and your questions are enough to start.
Will the firm pay rent, groceries or funeral bills?
Do not assume so. Tell us about urgent costs and ask what options exist. A possible damages claim is not a source of money this week.
Must every relative answer the same questions?
No. Each person may have different needs and privacy concerns, and filling out a form does not make someone a client.
Will counseling information stay private?
Ask us first. In a lawsuit, the other side may ask for a counselor's records, so talk with your attorney before you sign any release.
What if our family disagrees about the next step?
Tell us early. A spouse and a parent of the person who died may want different things, and each has rights of their own.
Does listing a need increase the value of our case?
Not by itself. Recovery depends on liability, causation, provable damages and available insurance. The assessment is for support and planning.
Form
Confidential family questionnaire
A printable version of these questions to fill in at your own pace and bring to a conversation with us.
Get the questionnaire →Family Support Center
Grief programs and practical help
Crisis lines, Dallas–Fort Worth grief programs, funeral help and survivor benefits.
Visit the Family Support Center →Start with the question that matters most today
You can begin with one sentence: "The hardest thing our family needs help with today is…" Then call us at 214-200-4878 for a free case review.
We wrote this page for families in general, so it can't answer questions about your own case, and reading it doesn't hire our firm. The statutes it relies on are Texas Civil Practice and Remedies Code §§ 16.003(b), 71.004 and 71.021, last checked October 29, 2026.