Fort Worth car accidents that claim a life leave surviving families facing devastating loss alongside urgent practical and financial pressures. Funeral costs. Lost income the deceased would have provided. Medical bills from the final hospitalization. And the question of whether and how to pursue legal accountability against the person whose negligence caused the crash. Texas wrongful death law gives surviving family members specific legal rights to pursue compensation from the at-fault party — and understanding those rights, the timeline that applies, and what the legal process involves is essential for any family facing this situation.
Shaw Cowart Attorneys at Law LLP handles wrongful death cases arising from Fort Worth car accidents with both the aggressive legal advocacy that these cases require and the human sensitivity that the circumstances demand. Founding partners Ethan Shaw and John Cowart are board-certified in personal injury trial law and have represented families in wrongful death cases throughout Texas. Every family we represent receives direct access to the attorneys handling their case from the first consultation through final resolution.
If your family has lost a loved one in a Fort Worth car accident caused by someone else’s negligence, call Shaw Cowart at 512-499-8900. The consultation is free and there is no fee unless we recover compensation for your family.
Texas Wrongful Death Law — What Families Can Recover
Who Can File a Wrongful Death Claim in Texas
Under Texas law, the surviving spouse, children, and parents of a person killed through another’s negligence or wrongful conduct may file a wrongful death claim. These claims can be filed simultaneously by multiple eligible family members, each seeking compensation for their own individual losses. If no eligible family member files within three months of the death, the estate’s executor or administrator may file on behalf of the estate — but in cases involving serious liability, family members typically file their own claims directly.
Wrongful Death Damages — What the Family Can Recover
Wrongful death damages in a Fort Worth car accident case are calculated to compensate surviving family members for the losses they personally suffered as a result of the death. These damages include the financial support the deceased would have provided over their remaining life expectancy — projected earnings, household contributions, and other economic benefits the family has lost. They also include the profound human losses that financial calculation cannot fully capture: the companionship, guidance, love, and family relationship that the survivors have been deprived of permanently.
In Fort Worth wrongful death cases involving drunk drivers, road rage, or other particularly egregious conduct, punitive damages may be available in addition to compensatory recovery. These damages are designed to punish the defendant and deter similar conduct, and in cases involving extreme recklessness they can significantly increase total recovery.
Survival Actions — Damages the Deceased Could Have Claimed
Alongside the wrongful death claim filed by family members, the deceased’s estate can file a survival action — a claim for the damages the deceased personally suffered between the time of the injury and the time of death. If the deceased survived for hours, days, or weeks before passing away, they experienced pain, suffering, and fear that are compensable through the survival action. The estate may also recover for the deceased’s lost earnings during that period and the medical expenses incurred before death. A legal representative of the estate — typically a spouse, adult child, or executor — brings the survival action on behalf of the decedent.
The Two-Year Statute of Limitations
Texas law requires wrongful death claims to be filed within two years of the date of death. This deadline is strictly enforced — a claim filed one day late is legally barred regardless of its merits. While two years may seem like adequate time, the practical pressures to act quickly are independent of the statutory deadline. Physical evidence from the crash disappears within days. Surveillance footage is overwritten within hours. The at-fault driver’s insurer begins building its defense from the moment the crash occurs. Getting legal representation involved early ensures that evidence is preserved, liability is established comprehensively, and the full value of the family’s claim is documented before the passage of time erodes either the evidence base or the recollections of witnesses.
Multiple Liable Parties in Fort Worth Wrongful Death Cases
Fort Worth wrongful death cases from car accidents often involve more than one potentially liable party. A drunk driver who was over-served at a Tarrant County bar or restaurant may have created dram shop liability against the establishment. A driver who was working at the time of the crash creates employer liability for the full range of wrongful death damages. A vehicle with a defective component that contributed to the crash creates product liability against the manufacturer. Identifying every potentially responsible party and every available insurance source is essential to achieving a recovery that genuinely reflects what the family has lost.
How Shaw Cowart Approaches Wrongful Death Cases
Wrongful death cases require both technical legal excellence and genuine compassion. Families navigating the legal process while absorbing profound grief deserve attorneys who handle every aspect of the legal matter completely — so that the family can direct their energy toward supporting each other through their loss. Shaw Cowart handles all investigation, insurance communications, expert engagement, legal filings, and negotiations or litigation, with direct attorney involvement throughout. We fight for maximum recovery because families deserve compensation that genuinely reflects what they have lost — not the minimum the insurer calculates it can offer.
Contact Shaw Cowart’s Fort Worth car accident lawyers at 512-499-8900 for a free consultation.
