Dallas Wrongful Death Lawyers
Texas Civil Practice & Remedies Code Chapter 71 gives surviving spouses, children, and parents the right to recover — and the survival statute gives the estate a separate claim. Patterson Law Group secured the highest Wrongful Death Settlement in Texas in 2024. We serve Dallas from our Fort Worth office.
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How we serve Dallas families
Patterson Law Group does not maintain a brick-and-mortar office in Dallas. We serve Dallas-area families from our Fort Worth office at 2409 Forest Park Boulevard (30 minutes west on I-30) and our Arlington office at 2310 W I-20 Suite 100. We know Texas Civil Practice & Remedies Code Chapter 71, the survival-action distinction under §71.021, and the §16.003(b) two-year limitations period running from date of death. The initial case review is by phone or Zoom — at no cost — and we travel to Dallas for depositions, mediations, hearings, and trial.
Two separate claims under Texas law
Wrongful death (Chapter 71)
Belongs to the statutory beneficiaries under §71.004 — surviving spouse, children (minor and adult, including adopted), and parents. Recovers loss of love, companionship, financial support, household services, mental anguish, and inheritance. Two-year limitations from date of death (§16.003(b)).
Survival action (§71.021)
Belongs to the deceased's estate. Recovers the damages the deceased could have recovered had they lived — pain and suffering, mental anguish, and medical bills incurred between injury and death.
First steps after losing a loved one in Dallas
- Get the death certificate and the autopsy or medical examiner's report. Dallas County deaths involving trauma, suspected violence, or unattended circumstances are handled by the Dallas County Medical Examiner's Office at the Southwestern Institute of Forensic Sciences, 2355 N Stemmons Freeway, Dallas. Order multiple certified copies.
- Preserve evidence before it disappears. Vehicle ECM data, surveillance footage, dashcam video, and witness contact information all have destruction windows measured in days. We send preservation-of-evidence letters within hours.
- Do not give a recorded statement to the at-fault carrier. Their adjusters often call within a day or two. Refer them to us.
- Get medical records together as the family gathers them. Survival-action recovery depends on the medical record between the injury and the death.
- Coordinate the probate question if there is one. A survival action belongs to the estate, which means a personal representative must be appointed. Dallas County probate matters are handled at the Dallas County Probate Courts. We work with probate counsel where appropriate.
- Call a lawyer before you sign anything. Early settlement offers from carriers are almost always low.
Texas wrongful death law — what Dallas families should know
Statutory beneficiaries (§71.004)
Only the surviving spouse, children (minor and adult, including adopted), and parents may file. Siblings cannot.
Compensable damages (§71.010)
Loss of love, companionship, mental anguish, financial support, household services, inheritance, and (in some cases) loss of consortium.
Survival action (§71.021)
The estate's separate claim for the deceased's pre-death pain, suffering, mental anguish, and medical bills.
Two-year limitations (§16.003(b))
Wrongful death claims must be filed within two years of the date of death.
Modified comparative fault (§33.001)
The family can recover as long as the deceased was 50% or less at fault.
Paid or incurred medicals (§41.0105)
The survival-action medical-damages claim is limited to amounts paid or incurred. With Level I trauma stays at Parkland easily running into six figures before death, careful documentation matters.
Exemplary damages (§41.003 / §41.008)
Available on clear and convincing evidence of gross negligence. Drunk driving on Lower Greenville or Deep Ellum, FMCSR violations, dram-shop service to obviously intoxicated patrons under Tex. Alc. Bev. Code §2.02 support gross-negligence claims.
Liens and subrogation
Texas hospitals can attach liens to the survival-action recovery. Parkland, Baylor, Methodist Dallas, and Texas Health Presbyterian lien practice is routine. Federal payers have subrogation rights.
Common Dallas wrongful death scenarios
- Commercial truck fatalities on I-30, I-35E, and LBJ (I-635). Heavy long-haul freight + fatigue-driven crashes + FMCSR violations.
- Central Expressway (US-75) fatalities. Heavy commuter traffic mixed with motorcycle riders.
- Drunk-driver wrongful death. §41.003 exemplary damages cases. Texas dram-shop liability under Tex. Alc. Bev. Code §2.02 can add the Lower Greenville, Deep Ellum, or Uptown bar that over-served the driver.
- Motorcycle fatalities. Central Expressway, LBJ, Dallas North Tollway, and FM-road crashes.
- Premises-liability fatalities. Apartment-complex negligent security, hotel pool drownings, parking-garage falls.
- Pedestrian fatalities downtown and in Deep Ellum. Late-night DWI crashes at the entertainment-district perimeter.
- DART rail and bus fatalities. Texas Tort Claims Act notice deadlines apply — sometimes as short as six months.
- Workplace and construction fatalities. Texas non-subscriber claims and third-party-defendant claims against subcontractors and equipment owners on Dallas County jobsites.
Where Dallas wrongful death cases are heard
Dallas County
Civil personal injury and wrongful death cases in Dallas County are heard at the George L. Allen Sr. Courts Building, 600 Commerce Street, Dallas. Dallas County operates 30+ civil district courts handling the docket.
Probate (survival action)
Dallas County probate matters — including appointing a personal representative for the §71.021 survival action — are handled at the Dallas County Probate Courts. We work with probate counsel where appropriate.
Federal court (N.D. Tex.)
Cases with diversity of citizenship or substantial federal-law issues can be filed in the United States District Court for the Northern District of Texas, Dallas Division, at the Earle Cabell Federal Building, 1100 Commerce Street.
Common questions from Dallas families
Who can file a wrongful death claim in Dallas under Texas law?
What is the deadline to file a Dallas wrongful death lawsuit?
What is the difference between a wrongful death claim and a survival action in Texas?
How much is a Dallas wrongful death case worth?
Where are Dallas wrongful death cases filed?
Can we recover if our loved one was partially at fault?
Are exemplary damages available in a Texas wrongful death case?
Does Patterson Law Group have an office in Dallas?
How much does it cost to hire Patterson Law Group for a Dallas wrongful death case?
Lost a loved one in Dallas? We're here when you're ready.
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