Denton Wrongful Death Lawyer
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Losing a family member to someone else’s negligence is a loss no lawsuit can undo. What a wrongful death claim can do is hold the responsible party accountable and provide financial stability for the family left behind. A Denton wrongful death lawyer at Tate Law Offices handles these claims on a contingency fee basis, so there is no attorney fee unless you collect.
Call (972) 499-4813 any time, day or night, for a free and private consultation.
No family expects to need this kind of help, and most have never had to ask the questions that follow a sudden death: who can file, how long they have, and what the law allows. Texas answers each of them specifically, and a wrongful death case is handled differently from any other injury claim.
As a family-owned firm with a Denton office, we take these cases personally and with the seriousness they deserve.
Why Choose Tate Law Offices for a Denton Wrongful Death Lawyer
A wrongful death claim is the most significant case a family may ever bring, and it should be handled that way.
An attorney who understands the weight of it
You work directly with an attorney, not a case manager, at a family firm that treats your loss as the significant matter it is rather than a file in a queue.
Decades of results in serious cases
The firm has served Texans, with recoveries in serious and fatal cases, and the standing among peers that comes with being prepared to try a case rather than settle it cheaply.
No fee unless you collect, and we carry the cost
We handle these claims on a contingency fee basis and advance the costs of building them, from investigation to expert reports. Your family owes no attorney fee unless we recover.
Who Can File a Wrongful Death Claim in Denton?
Only specific family members, and Texas is precise about it. Under Section 71.004 of the Texas Civil Practice and Remedies Code, the claim belongs to the deceased person’s closest family.
Who May File | Details |
Surviving spouse | May file alone or together with the others |
Children | Including adopted children |
Parents | Of the person who died |
The estate’s representative | May file after three months if the family has not, unless the family asks them not to |
Siblings and more distant relatives cannot bring the wrongful death claim. You can read the governing law in Chapter 71 of the Texas Civil Practice and Remedies Code, which sets out both who may file and the separate survival claim.
What Kinds of Cases Lead to Wrongful Death Claims in Denton?
Any death caused by another party’s negligence can support a claim, and in Denton County they most often arise from a handful of situations:
- Fatal crashes on I-35, US-380, and the county’s rural roads.
- Commercial truck collisions, given the sheer force involved.
- Motorcycle and pedestrian crashes, where the victim has no protection.
- Workplace and construction-site accidents.
- Preventable injuries on unsafe property.
What ties these together is a death that did not have to happen and a party who can be held responsible for it. Establishing that link with clear evidence is the foundation of every wrongful death claim.
What Two Claims Can a Family Bring?
Texas recognizes two separate claims after a death, and a strong case often pursues both at once.
The wrongful death claim
This claim compensates the family for their own losses, including lost financial support, the loss of companionship and love, the loss of a parent’s guidance for surviving children, and mental anguish.
The survival claim
This claim covers what your loved one endured before death, such as conscious pain, medical bills, and funeral costs. It belongs to the estate and proceeds through the Denton County probate court, which oversees the estate of a person who has died.
What Can a Family Recover?
Texas allows recovery for both the financial and the human losses a family suffers, and the specific damages depend on your relationship to the person and the circumstances of the death. A claim can include:
- Lost financial support the person would have provided over a lifetime.
- Loss of companionship, love, and comfort for the surviving family.
- Loss of parental guidance and nurturing for surviving children.
- Mental anguish and grief experienced by the survivors.
- Funeral and burial expenses, along with the medical bills incurred before death through the survival claim.
- Exemplary damages in cases where the death resulted from gross negligence.
Valuing these losses in a serious case takes care and often expert input, from economists who calculate lost lifetime support to professionals who document the family’s losses. Because our fee depends on the outcome, that work is an investment we make on your family’s behalf.
What Are the Deadlines for a Denton Wrongful Death Claim?
Generally two years from the date of death, with a few timing rules that matter for families. None of these have to happen the week of the loss, but each one counts.
- Two years from the date of death, under Section 16.003, is the hard deadline, and missing it usually ends the claim.
- The immediate family has the first three months to file; after that, the estate’s representative may bring the claim unless the family asks them not to.
- Being partly at fault does not necessarily bar recovery, since Texas reduces rather than erases it when the deceased person’s share of the blame was 50 percent or less.
- Narrow exceptions can apply, such as claims involving a minor, but two years is the number to plan around.
Early action protects the claim, because evidence and witnesses fade long before the deadline arrives. Getting advice soon keeps every option open.
Legally Reviewed By
Tim Tate, of Tate Law Offices, PC, has represented victims of injuries day-in and day-out throughout the state of Texas as well as in numerous other states throughout America over the last two decades. In addition to being licensed as an Attorney at Law by the Supreme Court of Texas, Tim is a member of the Texas Trial Lawyers Association and the American Association for Justice, both of which advocate and advance the rights of injured victims against insurance companies.
Frequently Asked Questions
How much does a Denton wrongful death lawyer cost?
Nothing up front. We handle these claims on a contingency fee basis, so the fee is a percentage of the recovery and is owed only if we recover for your family. If there is no recovery, you pay no attorney fee, and we front the case costs.
Can we file if there is also a criminal case?
Yes. A wrongful death claim is a separate civil action, and it can proceed regardless of whether a criminal case is filed or how it ends. The two use different standards of proof, so a family can pursue accountability in civil court even when a criminal case does not result in a conviction.
Who receives the compensation?
Generally the surviving spouse, children, and parents who brought the claim, divided according to their losses. A survival claim’s recovery passes through the estate and is distributed under the will or Texas inheritance law. When minors are involved, a court may oversee how their share is protected.
What if we are not sure the death was caused by negligence?
That is exactly what a free consultation is for. We investigate the circumstances, review the records and evidence, and give you an honest assessment of whether a claim exists. There is no cost to find out and no obligation to proceed.
Do we have to go to court?
Usually not. Most wrongful death claims settle once the evidence of fault and losses is clear, though we prepare every case as if it will be tried. That readiness is often what produces a fair settlement, and if one never comes, we are prepared to present your case to a Denton County jury.
Talk to a Denton Wrongful Death Lawyer

If your family lost someone to another party’s negligence anywhere in Denton or across Denton County, you can learn where you stand without cost or pressure, and on your own timeline. A private conversation with Tate Law Offices gives you:
- A free, confidential review of what happened and whether a claim exists.
- A clear explanation of who can file, the deadlines, and what the law allows your family to recover.
- Representation with no fee unless we recover for your family.
Call (972) 499-4813 when you are ready, day or night. We will treat your family’s loss with the care it deserves and tell you honestly what your options are.