Grief has its own clock. Families in Garland often meet me still in that first fog, when food has no taste and paperwork feels indecent. Then the practical questions arrive. How do we pay for the funeral? Who talks to the insurance company? What does “wrongful death” even mean in Texas? This guide aims to answer those questions in plain language, grounded in how these cases actually unfold here in Dallas County and the courts that serve Garland.
What Texas Law Means by “Wrongful Death”
Texas law allows certain family members to bring a lawsuit when a person’s death was caused by another’s wrongful act, neglect, carelessness, unskillfulness, or default. In practice, that covers a wide spectrum: a trucking company that pushed a driver past safe hours, a property owner who ignored a known hazard, a manufacturer that sold a defective vehicle component, a drunk driver who ran a red light. In many cases, the same facts support both a wrongful death claim by family and a survival claim on behalf of the deceased’s estate. They sound similar, but they serve different purposes.
A wrongful death claim belongs to the statutory beneficiaries — typically the spouse, children, and parents. It seeks the losses they personally suffered because of the death: lost financial support, lost household services, lost companionship, mental anguish, and related harms. A survival claim belongs to the estate and recovers what the deceased could have sought had they lived: medical bills, conscious pain and suffering, property damage, and sometimes punitive damages if the conduct was grossly negligent or worse. A seasoned Garland Personal Injury Lawyer will evaluate both tracks from day one because evidence gathered for one often strengthens the other.
Who Can File — and When
Texas keeps the circle of eligible claimants fairly narrow. The surviving spouse, children (including adult and adopted children), and parents may file the wrongful death action. If none of them file within three months of death, the executor or administrator of the estate can file unless a family member asks them not to. Siblings, grandparents, and long-term partners who were never legally married do not have standing under the wrongful death statute, even if they feel the loss just as deeply.
Time matters. The statute of limitations for a wrongful death case in Texas is generally two years from the date of death. There are exceptions that can extend or shorten that window, but they are rare and fact-specific. Some claims add shorter notice requirements. If the death involved a city-owned vehicle or hazardous road condition maintained by a municipality, notice provisions under the Texas Tort Claims Act may require formal notice within as little as 90 days, with Dallas-area cities often having their own deadlines. That’s why I tell families to consult a Garland Accident Lawyer quickly, even if pursuing a lawsuit feels impossible in the first months of grief.
A Realistic Timeline of a Garland Wrongful Death Case
No two cases move at exactly the same pace. That said, I can sketch how a typical claim progresses when you hire counsel early.
The first month is for triage. We open insurance claims, send preservation letters to keep critical evidence from being destroyed, and secure key records: police reports, crash data, medical records, autopsy findings. In a truck collision, for example, we also demand the driver qualification file, hours-of-service logs, ECM downloads, dispatch notes, and drug and alcohol test results from the carrier. This is where having a Garland Truck Accident Lawyer matters; trucking companies retain rapid-response teams who beat plaintiffs to the scene if you wait.
From months two to six, we build liability. That may mean a scene inspection, vehicle inspections, witness interviews, and expert analysis. In roadway cases, we review traffic light timing, sightlines, and maintenance history. If a product defect is suspected, the product must be preserved unaltered for testing. I have seen well-meaning relatives clean and repair key items; it feels respectful, but it can ruin proof of defect. Ask before you touch.
Once we quantify losses and have a firm grounding on fault, we present a demand to the responsible parties and their insurers. Negotiations can run anywhere from a few weeks to several months. Some cases settle before suit, especially if liability is clear and policy limits are low relative to the harm. If the initial posture is combative or the carrier undervalues the claim, we file suit in Dallas County or the appropriate venue. From there, the litigation timeline stretches. Written discovery, depositions, expert reports, and motion practice can take a year or more. Courts in our region push for mediation, and many cases settle at or after mediation once both sides have seen the strengths and weaknesses under oath.
When a case goes to trial, expect five to ten days in the courtroom, depending on the number of parties and experts. Verdicts vary widely because jurors weigh both fault and damages. A practical Garland Injury Lawyer will prepare families for either outcome and structure negotiations accordingly.
Proving Fault: Evidence That Carries Weight
Juries in North Texas want to see. They respond to photos, records, and timelines more than abstract claims. In motor-vehicle deaths, the backbone is often the police crash report combined with physical evidence: skid marks, yaw patterns, crush damage, and downloads from the vehicles’ control modules. Modern passenger vehicles record speed, throttle, and braking; a commercial tractor may have several data sources beyond the ECM, including telematics, dashcam footage, and even trailer ABS fault codes. An experienced Garland Truck Accident Lawyer knows to subpoena the carrier quickly before routine data retention cycles erase those files.
In premises cases — fatal falls, fires, drownings — maintenance logs, incident histories, surveillance footage, and employee training records matter. Defendants often describe a tragedy as a one-off accident. A string of prior similar incidents can shift that narrative. Product cases demand a chain of custody. When we allege a defective inflator or steering component, every hand that touched the part after the crash must be identified to avoid claims of spoliation or alteration.
Sometimes liability is technically clear but practically contested. Imagine a late-night interstate collision where a fatigued truck driver drifted over the line. If the carrier’s counsel argues the decedent was speeding or failed to wear a seatbelt, we must meet those claims head-on. Texas applies proportionate responsibility. If the decedent is found 51 percent or more at fault, the family recovers nothing. If fault is lower, the recovery is reduced by that percentage. A strong Garland Accident Lawyer invests early in unbiased experts who can withstand tough cross-examination because fault allocation drives outcomes more than any other factor.
Valuing Damages Without Guesswork
No lawyer can put a price on a person’s life. The task is to measure the economic and human losses the law recognizes, then present them with honesty. Economic damages begin with lost earning capacity. That’s not just salary. It includes employer-funded benefits, the value of expected raises, and the probability of career advancement, all discounted to present value. When a stay-at-home parent dies, the replacement value of childcare, household management, transportation, and elder care can be substantial. Jurors respect meticulous calculations more than inflated numbers. We often use vocational economists to translate a life’s work into a defensible figure.
Medical expenses are straightforward if death followed days or weeks of treatment. When the fatality is immediate, hospital charges may be minimal, although air ambulance and trauma team responses can still run high. Funeral and burial expenses are recoverable with invoices and proof of payment.
Non-economic damages require careful storytelling. Texas allows recovery for loss of companionship and society and for the mental anguish of survivors. That’s not license for melodrama. I ask families to share tangible threads: who set the kids’ breakfast, who fixed the fence, who handled Sunday calls to an aging parent. Photos, calendar entries, and messages bring those threads to life. Jurors grasp routine. When routine is torn, they understand. In especially egregious conduct — drunk driving with extreme intoxication, willful safety violations, hands-on decisions that put profits ahead of predictable harm — punitive damages may be on the table. Texas caps punitive awards with a formula: generally the greater of two times the economic damages plus up to $750,000 of non-economic damages, or $200,000. The cap is complex; exceptions exist, and the underlying standard of proof is higher. An experienced trial team will advise if a punitive claim strengthens or distracts from the core case.
Where Insurers Push Back — and How to Respond
After two decades of practicing around Garland and Dallas County, the pushback is predictable. Adjusters question causation: Was the heart condition the real cause? Did the decedent fail to heed warnings? They hunt for preexisting conditions, prior similar incidents, or any shred of comparative fault. In trucking cases, carriers sometimes offload blame onto a broker, shipper, or maintenance contractor to dilute exposure. In premises claims, owners argue independent contractors caused the hazard.
The answer lies in documentation and sequence. Build the timeline cleanly. Lock down witnesses early before memories shift. Resist the urge to speculate when you do not yet know. A Garland Personal Injury Lawyer who handles complex fatalities will anticipate the defenses and prevent small holes in the record from becoming big ones later.
Do not post about the event on social media. Opposing counsel screens public posts. Stray comments — even innocent ones — can be twisted to suggest acceptance of fault or inconsistent grief. Likewise, direct conversations with insurance adjusters can harm the case. They’re trained to sound sympathetic while extracting statements that limit liability. Once you retain counsel, route all communication through the law firm and keep a simple log of any calls or mail you receive.
Special Nuances in Trucking Fatalities
If your family’s loss stems from an 18-wheeler collision, expect a denser legal thicket. Layers of insurance policies, MCS-90 endorsements, driver qualification and training files, and federal safety regulations all come into play. The motor carrier may be based in another state, but if the crash occurred in Garland or nearby, suit can likely be brought in Dallas County. We analyze the driver’s hours-of-service and rest periods, the carrier’s dispatching practices, maintenance compliance, and prior safety history via SAFER and FMCSA records. If a shipper or broker exercised control over the load or scheduling in a way that pressured unsafe driving, they may share fault.
The most consequential step after a fatal truck crash is evidence preservation. Send a spoliation letter within days. Request the truck and trailer be kept in their post-crash state until your experts can inspect. Demand that ECM, telematics, and camera data be preserved. Confirm retention of bills of lading, weigh tickets, fuel receipts, and the driver’s cell phone records. A Garland Truck Accident Lawyer who knows these cases will treat the crash like a crime scene from an evidentiary perspective, even though it is a civil matter. Losing a single data stream can close off a route to proving negligence.
When a City or State Entity Is Involved
Fatalities tied to government actors or infrastructure add procedural hurdles. If a city vehicle caused the collision or a roadway defect was involved, Texas sovereign immunity rules govern what can be claimed, how much can be recovered, and when notice must be given. Damage caps often apply, and notice windows can be short. The facts drive whether immunity is waived. For example, a negligent operation of a motor-driven vehicle may open a path; a discretionary decision about road design usually does not. Approach these cases with sober expectations and tight adherence to notice rules. A knowledgeable Garland Injury Lawyer will file proper notices while investigating whether private contractors share responsibility, which can expand the potential recovery beyond statutory caps.
The Role of Probate and the Survival Claim
Even before litigation heats up, families need an estate plan for the legal process. If the deceased left a will, the named executor may need to open probate to assert the survival claim and to accept settlement funds on behalf of the estate. If there is no will, the court may appoint an administrator. Wrongful death proceeds typically pass outside the estate directly to statutory beneficiaries, while survival proceeds pass through the estate and are subject to creditor claims. Tax issues are usually limited — wrongful death proceeds are generally not taxable as income — but structured settlements, minors’ interests, and significant punitive awards raise planning questions best handled with coordinated advice from the litigation team and a probate lawyer.
Settlements, Minors, and Court Approval
If a settlement involves minors, Texas courts require approval to protect the child’s interests. Expect the court to appoint a guardian ad litem to review the settlement, fees, and allocation. Funds for minors often go into the registry of the court or a structured annuity that pays out at set ages. Families sometimes bristle at court supervision; remember that these reviews exist to prevent exploitation and to ensure the child’s money is safeguarded from impulse or pressure.
Allocation among family members can be sensitive. Wrongful death damages are personal to each beneficiary. When we settle, we weigh objective factors — dependency, relationship, age, and unique losses — and work toward a fair distribution. If families cannot agree, a court can hold a hearing to allocate. An experienced Garland Personal Injury Lawyer will facilitate these conversations early so unresolved tensions do not derail a good settlement.
Practical Steps to Take in the First Weeks
Grief clouds decision-making. A simple roadmap helps families avoid missteps that can cost them later.
- Gather key documents and information in one place: police report number, insurance policy details, medical records, death certificate, funeral invoices, photos, and any witness contact information. Keep a running list; you do not need everything at once. Preserve evidence: do not repair vehicles or property without photos and guidance; save damaged items; keep clothing and personal effects; request that businesses preserve surveillance footage. Limit statements: decline recorded statements to insurers until you’ve consulted counsel; route calls to your attorney; avoid social media posts about the incident. Track expenses and time: keep receipts for medical care, travel to appointments, funeral costs, and out-of-pocket expenses; note days missed from work due to appointments or grief-related impacts. Consult a qualified lawyer early: ask about fee structures, case strategy, and evidence preservation; prioritize depth of experience with wrongful death and, if relevant, trucking or premises cases in North Texas.
Choosing the Right Lawyer for a Garland Case
Credentials matter, but so does fit. Ask any prospective Garland Accident Lawyer about their trial history in Dallas County, their experience with your type of case, and who will actually handle the day-to-day work. Large firms can bring resources; small firms can move faster and offer closer contact. Hybrid models exist where a boutique leads strategy while partnering with specialists — for instance, bringing in a reconstructionist who has testified in our local courts.
Fee arrangements are usually contingency-based: no fee unless there’s a recovery, with costs reimbursed from the settlement or verdict. Understand the difference between fees and expenses. Expert costs in a complex wrongful death case can run high, especially in trucking or product cases. Ask how the firm evaluates whether spending on an additional expert will move the needle. A thoughtful Garland Injury Lawyer will explain the expected ROI on each strategic choice.
Communication rhythms also matter. Set expectations for updates. Cases can stretch for months or years. You deserve a team that answers questions plainly, keeps you informed about major developments, and respects your bandwidth. Some families want weekly updates; others prefer milestones only. There is no single right answer, only an agreement about what will help you most.
Settlement vs. Trial: Making a Strategic Choice
The decision to settle or try a wrongful death case is personal and strategic. Trials can reveal truth and hold wrongdoers accountable publicly, which many families find meaningful. They also carry risk and emotional toll. Private settlements offer certainty and speed but may include no admission of fault. I advise clients by modeling outcomes. We weigh the strongest and weakest facts, the judge’s expected rulings, likely juror dynamics in Dallas County, and the defendant’s capacity to pay. If liability is solid and damages clear, a jury may well exceed a final pretrial offer. If liability is murky and the defense has credible experts, a settlement that reflects those uncertainties may be wiser.
No family should feel bullied into a decision. A competent Garland Personal Injury Lawyer presents the options and probabilities, not ultimatums. If the case warrants trial, prepare thoroughly. Mock juries can surface blind spots. Demonstrative exhibits help jurors follow complex timelines. The right witnesses add credibility: the coworker who saw the decedent’s attention to safety, the neighbor who watched Thompson Law Thompson Law the daily routine, the economist who explains numbers without jargon.
Common Mistakes That Undercut Good Cases
The same pitfalls recur. Families sometimes post how they are “moving on” to comfort friends — defense counsel uses those words to argue minimal mental anguish. Executors cash settlement checks without creating appropriate trusts for minors — the court sends them back to fix it at much greater expense. Vehicles get hauled to salvage yards and destroyed before inspection — a catastrophic loss of proof. Delays cause dashcam footage from nearby businesses to be overwritten — many systems retain only 7 to 30 days. Each of these errors can be avoided with early guidance from a seasoned Garland Accident Lawyer.
How a Lawyer Eases the Non-Legal Load
A good lawyer reduces friction everywhere, not just in the courtroom. We coordinate property damage claims to get a second car in the driveway. We help secure short-term disability, life insurance payouts, and employer benefits without jeopardizing the wrongful death claim. We point families to grief counselors and local support groups, and we liaise with employers to set expectations about bereavement and a gradual return to work. These steps sound peripheral, but they matter. A family with less day-to-day stress presents better as witnesses and makes clearer decisions about settlement and trial.
Final Thoughts for Families in Garland
Wrongful death cases are fundamentally about accountability and stability. Accountability puts the responsibility for a preventable death where it belongs. Stability gives families the financial footing to grieve without compounding harm. The law in Texas aims to provide both when negligence shatters a life.
If you’re in Garland and facing this path, start with information and preservation. Speak with a lawyer who has handled these cases here, who knows the rhythms of Dallas County courts, and who can call the right expert within an hour of signing on. Whether you need a Garland Truck Accident Lawyer for an interstate collision or a Garland Personal Injury Lawyer for a premises or product case, insist on clarity, candor, and a strategy tailored to your family. Your case is not a file number. It is a story that deserves care, proof, and respect — and with the right approach, it can lead to the accountability and stability you need to move forward.
Contact Us
Thompson Law
375 Cedar Sage Dr Suite 285, Garland, TX 75040, USA
Phone: (469) 772-9314