Plano wrongful death lawyers at the NMW Law Firm represent surviving spouses, children, and parents in Texas wrongful death claims filed under Chapter 71 of the Civil Practice and Remedies Code.
We handle cases involving fatal car accidents, commercial truck collisions, drunk driving crashes, and other preventable deaths throughout Collin County and the greater Dallas-Fort Worth area.
Our firm serves families across Texas, including those in Plano, Frisco, McKinney, and Allen. Texas law gives eligible family members two years from the date of death to file a wrongful death lawsuit. Call (833) 758-4437 for a free, confidential consultation.
Get a Free ConsultationHow Can NMW Help Your Family File a Plano Wrongful Death Claim?
We approach every wrongful death case by understanding what your family lost and what Texas law allows you to recover.
Our team handles fatal accident claims involving negligent drivers, commercial trucking companies, drunk drivers, and other parties whose conduct resulted in the loss of someone you loved.
Statewide Representation for Collin County Families
NMW Law Firm handles wrongful death cases across Texas, including cases filed in the Collin County District Courts in McKinney. Many wrongful death lawsuits involving Plano-area accidents are handled in these courts.
We work with families throughout Texas and may handle parts of the case remotely when that serves the client. Our attorneys travel for meetings, hearings, depositions, and court appearances as the case requires.
Hugo Montes provides bilingual support for Spanish-speaking families so clients may communicate clearly throughout the legal process. The firm accepts urgent inquiries from prospective clients during and outside normal business hours.
Keith Bakker has handled wrongful death cases involving fatal truck accidents and serious car crashes across Texas, including cases involving commercial trucking companies and disputed liability.
Past results do not guarantee future outcomes. Every case is different, and results depend on the specific facts involved.
How NMW Approaches Wrongful Death Investigations in Collin County Cases
Wrongful death investigations rely on outside evidence because the person who could best explain what happened is no longer here to do so. The strength of that evidence may affect what the family is able to recover.
Preserving Death Scene Evidence
In Collin County wrongful death cases, our investigation work typically includes preserving the following types of evidence early in the case.
- TxDOT crash reports and medical examiner findings
- Vehicle damage analysis, skid mark documentation, and accident reconstruction reports
- ELD and ECM data downloads from any commercial vehicle involved in the crash
- Surveillance video from businesses along roads like the Sam Rayburn Tollway or US-75
- Witness statements and 911 call recordings from the scene
Targeting Commercial Trucking Records
In trucking cases, preservation letters to the carrier identify the records the family may need to prove its case. Typical demands include driver qualification files, drug and alcohol test results, hours-of-service logs, and communications between the driver and dispatch after the crash.
The trucking industry's federal record-retention obligations support these demands when the requests are made within applicable timeframes.
Coordinating with Law Enforcement in Drunk Driving Cases
When alcohol impairment appears to be a factor, our team follows the criminal case with the Plano Police Department or Texas Department of Public Safety.
Evidence from that case, such as toxicology results, dashcam video, and prior offense history where relevant, may support a claim for exemplary damages under Texas Civil Practice and Remedies Code § 71.009.
Thorough investigation work may help establish what happened, identify responsible parties, and support the family's wrongful death claim.
A Steady Presence During a Painful Time
Filing a wrongful death lawsuit while grieving is something no family expects to face. We try to take as much off your plate as possible during this period. Our work typically includes the following steps.
- Communicating with insurance companies and corporate defendants on the family's behalf so you do not have to take their calls
- Gathering medical records, financial records, and tax returns needed to document the deceased's earning capacity and the family's losses
- Coordinating with accident reconstruction professionals, life care planners, and economists when the case requires their input
- Explaining each step of the legal process in plain language so you understand what is happening and why
You make the major decisions about settlement, trial, and case strategy. We handle the work that supports those decisions and keeps the case moving forward.
Who Has the Right to File a Wrongful Death Lawsuit in Texas?
Only the surviving spouse, children, and parents of the deceased person may file a wrongful death claim in Texas. Texas Civil Practice and Remedies Code § 71.004 sets this limit on standing.
Other relatives, regardless of how close they were to the person who died, do not have legal standing to bring a wrongful death claim under Texas law.
Family Members Allowed to File
The following relatives may bring a wrongful death action either individually or together as a group:
- A surviving spouse, whether or not they have since remarried
- Biological and legally adopted children of the deceased
- Biological and legally adoptive parents of the deceased
- A personal representative or executor of the estate, if no eligible family member files within three months of the death and the family has not requested otherwise
Siblings, grandparents, grandchildren, stepchildren without legal adoption, and unmarried partners are excluded from filing a wrongful death claim under Texas law.
This limitation surprises many families. An attorney may help identify which family members qualify and how to coordinate the claim if multiple eligible parties want to pursue it together.
What If Multiple Family Members Want to File?
Texas law treats a wrongful death action as a single cause of action with multiple potential beneficiaries. One eligible family member may bring the claim on behalf of all other eligible relatives.
The court ultimately apportions any award among the surviving spouse, children, and parents based on the losses each individual suffered, as outlined in § 71.010.
What Is the Difference Between a Wrongful Death Claim and a Survival Claim?
A wrongful death claim compensates the family for their personal losses; a survival claim compensates the estate for what the deceased could have recovered if they had lived.
Both types of claims may arise from the same fatal incident, and a family may pursue them together as part of the same lawsuit.
Damages Recoverable Under Each Claim Type
The two claim types serve different purposes and cover different categories of harm. The table below shows how they compare.
| Element | Wrongful Death Claim | Survival Claim |
| Statutory authority | § 71.002 of the Civil Practice and Remedies Code | § 71.021 of the Civil Practice and Remedies Code |
| Who may file | Surviving spouse, children, and parents | The estate of the deceased, through the personal representative or heirs |
| What it compensates | The family's losses, including loss of companionship, support, and counsel | The losses the deceased would have recovered if they had lived |
| Typical damages | Loss of love, companionship, financial support, household services, and mental anguish | Medical bills, pain and suffering before death, and possibly funeral expenses, depending on how the claim is set up |
| Where the recovery goes | Directly to the surviving spouse, children, and parents | Into the estate, then distributed to heirs through probate |
Pursuing both claims together typically maximizes the total recovery and addresses the full scope of harm caused by the fatal incident. The two claims work in tandem, with each one filling a gap the other does not cover.
What Damages May Texas Wrongful Death Compensation Cover?
Texas wrongful death damages compensate surviving family members for the financial and emotional losses they suffer because of their loved one's death. Recoverable damages include loss of financial support, loss of companionship, mental anguish, and loss of inheritance.
These damages fall into both economic and noneconomic categories, and the available compensation depends on the relationship each family member had with the deceased.
Categories of Recoverable Damages
Family members filing a wrongful death lawsuit in Plano or anywhere else in Texas may recover the following:
- Loss of earning capacity and financial support the deceased would have provided over their expected working years
- Loss of household services the deceased performed for the family, including caregiving and home maintenance
- Loss of love, companionship, comfort, and society of the deceased
- Mental anguish suffered by the surviving family members because of the death
- Loss of inheritance, meaning the amount the deceased would have accumulated and left to heirs had they lived a normal life expectancy
Each surviving family member presents their own claim for damages, and a jury may apportion the award differently among the spouse, children, and parents based on the unique relationship each had with the deceased.
Exemplary Damages in Cases of Gross Negligence
Texas Civil Practice and Remedies Code § 71.009 allows surviving family members to seek exemplary damages, also called punitive damages, when the death was caused by the defendant's willful act, omission, or gross negligence.
These damages are intended to punish particularly bad conduct and deter similar behavior in the future. Several types of fatal incidents commonly support a claim for exemplary damages in Texas.
- Drunk driving fatalities, particularly when the driver had a high blood alcohol concentration or a history of prior offenses
- Fatal hit and run incidents where the at-fault driver fled the scene rather than rendering aid
- Trucking collisions involving documented violations of federal hours-of-service rules or commercial driver licensing requirements
- Workplace deaths caused by an employer's knowing disregard for worker safety regulations
Whether exemplary damages apply in a specific case depends on the strength of the evidence showing the defendant's conduct met the legal definition of gross negligence.
How Long Do You Have to File a Plano Wrongful Death Lawsuit?
Surviving family members have two years from the date of death to file a wrongful death lawsuit in Texas. The deadline is set by Texas Civil Practice and Remedies Code § 16.003.
Missing this deadline typically bars the family from recovering anything, regardless of how strong the underlying claim might have been.
Exceptions That May Extend the Deadline
A few limited exceptions may extend the two-year filing window. These exceptions do not apply in every case, and confirming whether one applies to your family's situation typically requires a careful review of the facts.
- The discovery rule, which delays the start of the limitations period until the family knew or reasonably should have known about the wrongful conduct that caused the death
- Fraudulent concealment by the at-fault party, which tolls the deadline until the concealment is discovered
- Mental or physical incapacity of a wrongful death beneficiary, which may pause the deadline for that beneficiary's individual claim
- Certain claims involving minor beneficiaries may qualify for tolling under Texas law
Even when an exception applies, waiting too long may hurt a claim. Evidence may be lost, witnesses may forget what happened, and insurance companies may argue that the claim is less reliable because of the delay.
Acting within the applicable deadline helps protect the family's ability to file and the evidence needed to support the case.
Ask NMW Law Firm
What does it cost to hire a wrongful death lawyer in Plano?
We handle wrongful death cases on a contingency fee basis, which means your family pays nothing out of pocket and the firm collects a fee only if your case results in a financial recovery.
The contingency fee structure removes the financial barrier to pursuing justice during an already difficult time.
Who decides how the wrongful death settlement is divided among family members?
Eligible family members usually decide how to divide the settlement among themselves; if they cannot agree, a Texas court apportions the award based on each beneficiary's individual losses under § 71.010.
An attorney may help families negotiate these allocations privately to avoid contested court proceedings.
Does NMW handle wrongful death cases in Collin County courts?
Yes. We represent families across Texas, including those filing wrongful death claims in Collin County District Courts, where many Plano-area cases are heard.
Our attorneys travel for depositions, hearings, and trials when the case requires in-person appearances, and we coordinate remotely with families when that is more convenient for them.
FAQs for Plano Wrongful Death Lawyers
What types of accidents commonly lead to wrongful death claims in Plano?
Wrongful death claims in the Plano area frequently arise from fatal car accidents on the Sam Rayburn Tollway, the Dallas North Tollway, and the President George Bush Turnpike, along with crashes on US-75 and Preston Road.
Commercial trucking collisions, drunk driving crashes, and motorcycle accidents are among the most common scenarios. Workplace deaths, defective products, and premises liability incidents also produce wrongful death claims in Collin County.
What if my loved one was partially at fault for the accident that killed them?
If the deceased was 50 percent or less at fault, the family may still recover damages, reduced by that percentage; if the deceased was more than 50 percent at fault, the family generally may not recover under Texas Civil Practice and Remedies Code § 33.001.
Insurance companies sometimes argue partial fault to reduce payouts, which makes thorough evidence preservation important.
Are wrongful death settlements taxable in Texas?
The compensatory portion of a wrongful death settlement, which covers physical injuries and related losses, is generally not subject to federal income tax under IRS rules. However, exemplary damages and interest may be taxable.
Tax treatment depends on the specifics of the settlement, and consulting with a tax professional is recommended before accepting any wrongful death award.
How long does a wrongful death lawsuit typically take to resolve?
Wrongful death cases in Texas typically take several months to over two years to resolve, depending on the complexity of the facts, the cooperation of the insurance companies, and whether the case settles or proceeds to trial.
Cases involving commercial defendants, contested liability, or multiple parties tend to take longer. Filing the lawsuit early gives your attorney room to negotiate from a position of strength rather than against a looming deadline.
Take the First Step with Plano Wrongful Death Lawyers Today
Nothing can undo what happened to your family. What a wrongful death claim can do is hold the responsible party accountable, provide financial support during the years ahead, and give your family a measure of closure that the legal system is designed to deliver.
The NMW Law Firm represents Plano-area families across Collin County and the greater Dallas-Fort Worth region in wrongful death claims involving every type of negligent conduct.
Call (833) 758-4437 to speak with us about your loved one's case in a free, confidential consultation.
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