When someone you love dies because another person or company failed to act responsibly, grief often comes with anger, unanswered questions, and worries about the future. You should not have to make every decision at once or know exactly what to do next when you’re trying to process all the emotions that accompany a tragic loss.
Our Fort Worth wrongful death lawyers represent spouses, parents, children, and families after fatal truck crashes, motor vehicle accidents, industrial and construction incidents, defective products, and other preventable deaths. We limit the number of cases we take on so that we can give each family the time and careful preparation they deserve.
Let us take on the legal fight so you can focus on healing and rebuilding. Call Stephens Law at 817-420-7000 or contact us online. The consultation is free, there is no pressure or obligation, and you pay no legal fee unless we recover compensation for your family.
Table of contents
- Why Do I Need a Fort Worth Wrongful Death Lawyer?
- Why Choose Stephens Law for a Fort Worth Wrongful Death Case?
- What Deaths Can Lead to a Wrongful Death Claim in Fort Worth?
- Who Can File a Wrongful Death Claim in Texas?
- What Compensation Can a Family Seek After a Wrongful Death?
- How Does Stephens Law Build a Wrongful Death Case?
- How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
- Frequently Asked Questions About Fort Worth Wrongful Death Claims
- Talk With a Fort Worth Wrongful Death Lawyer When You Are Ready
Why Do I Need a Fort Worth Wrongful Death Lawyer?
A lawyer brings leverage to your case. Hiring an experienced wrongful death lawyer signals to the insurance company that you are not going to settle for any low offers they may pitch.
Insurance companies know that Stephens Law means business. They know we are prepared to file suit, take depositions, obtain internal records, work with qualified experts, and put your case in front of a jury, if that’s what it takes to secure a fair settlement.
That level of preparation often changes the way an insurance company negotiates a wrongful death case. We prepare serious cases with that pressure in mind. The goal is not to rush into court, but to make sure the other side knows we are ready to go there if that is what it takes to obtain the result you need.
Why Choose Stephens Law for a Fort Worth Wrongful Death Case?
Stephens Law was built around serious personal injury and wrongful death cases. We intentionally limit our caseload because families dealing with a death deserve more than a volume-based process and a rotating list of people who barely know their names.
A team with deep Fort Worth roots
Jason Stephens founded Stephens Law after beginning a career devoted to representing people and families after serious injuries and deaths. Nearly three decades later, he works alongside Rieker Carsey, Brison Bursey, and a legal team that handles high-stakes cases throughout Texas.
Rieker was born and raised in Fort Worth and attended Arlington Heights High School before Baylor Law School. He has tried cases in state and federal courts and served as president of the Tarrant County Trial Lawyers Association.
Jason has also served as president of that organization. His recognition includes Fellowship in the American College of Trial Lawyers, selection as a Texas Super Lawyer since 2004, and Top 100 Super Lawyers honors in Texas.
His connection to families is personal:
“My family is what drives me, what defines me, what shapes me, and how I approach everything in life, including the representation of my clients.”
Jason has served as an officer in the United States Army Reserve and has supported organizations, including Big Brothers Big Sisters, and foundations that fund childhood cancer research.
A history of serious wrongful death results
Stephens Law has recovered more than $300 million for clients. Representative wrongful death results include:
- $43,240,000 settlement involving a commercial truck accident.
- $33,363,863 settlement involving a truck accident.
- $23,466,667 settlement involving a commercial truck.
- $16,666,660 recovery after a death caused by a negligent trucking company.
- $15,680,000 verdict involving wrongful death and personal injuries in a premises liability case.
- $11,500,000 settlement for a surviving spouse and children.
Past results do not guarantee a similar outcome, but we believe they do show the dedication our attorneys have to pursuing maximum compensation for all our clients.
“Jason and his team will be with you every step of the way. They will go above and beyond to help you.” – S.L.
Our Fort Worth office is located at 1300 S University Dr #300, Fort Worth, TX 76107, near the Cultural District and Texas Christian University.
What Deaths Can Lead to a Wrongful Death Claim in Fort Worth?
Texas generally allows a wrongful death claim when a person dies from an injury caused by another person’s or a company’s wrongful conduct or negligence. The basic rule comes from Texas’s wrongful death law (Texas Civil Practice and Remedies Code § 71.002).
Truck and Commercial Vehicle Crashes
Fatal crashes involving 18-wheelers, delivery trucks, oilfield trucks, and other commercial vehicles can involve far more than the driver’s actions. The trucking company, contractor, maintenance provider, cargo company, or another business may also share responsibility.
Our Fort Worth truck accident lawyers investigate whether the company hired or kept an unsafe driver, ignored maintenance problems, pressured drivers to meet unreasonable schedules, or allowed other unsafe practices to continue.
Driver logs, dispatch records, electronic truck data, maintenance files, hiring records, and company policies may reveal decisions that contributed to a fatal crash on roads such as I-35W, I-20, I-30, Loop 820, or US-287.
Car Accidents
A deadly car crash may result from drunk driving, distraction, excessive speed, reckless driving, an unsafe turn, or another failure to use reasonable care.
We look beyond the basic crash report to determine what actually happened. Video, phone records, vehicle data, witness accounts, roadway evidence, and toxicology results may help establish whether another driver caused the collision and whether anyone else shares responsibility.
Motorcycle Accidents
Families who lose someone in a motorcycle crash sometimes face an additional burden: an insurer may try to blame the rider based on assumptions rather than evidence.
Our Fort Worth motorcycle accident lawyers investigate vehicle damage, roadway marks, video, electronic data, witness statements, and other evidence that may show another driver turned across the motorcycle’s path, changed lanes without seeing the rider, followed too closely, or made another unsafe move.
That evidence becomes especially important when your loved one is no longer here to explain what happened.
Pedestrian and Bicycle Accidents
Pedestrians and bicyclists have little protection when they are struck by a moving vehicle. Fatal crashes may involve drivers who fail to yield, speed through intersections, drive distracted, or overlook someone crossing or traveling alongside the roadway.
We investigate the driver’s conduct along with traffic signals, sight lines, lighting, roadway design, available video, witness accounts, and other evidence that may show why the collision occurred.
Construction, Industrial, and Oilfield Incidents
A death on a construction site, industrial property, or oilfield may lead to a third-party wrongful death claim when someone other than the person’s direct employer caused the fatal incident.
Potentially responsible parties may include contractors, subcontractors, property owners, equipment manufacturers, trucking companies, or other businesses working at the site.
We examine who controlled the work, what each company was responsible for, whether dangerous conditions were allowed to continue, and whether defective equipment or unsafe practices contributed to the death. These cases may be third-party wrongful death claims separate from any available workers’ compensation death benefits.
Fatal Premises Liability Incidents
Property owners and businesses may be responsible when a dangerous condition on their property causes a preventable death. These cases can involve unsafe structures, electrical hazards, inadequate maintenance, dangerous walking surfaces, or other dangerous property defects.
The investigation may focus on who owned or controlled the property, how long the hazard existed, whether anyone knew about it, and what should have been done to correct or warn about the danger.
Fatal Defective Product Incidents
A dangerously designed or manufactured product can cause a fatal injury even when the person using it did nothing wrong. These cases may involve vehicles, machinery, tools, industrial equipment, consumer products, or defective safety components.
We investigate how the product was designed, manufactured, tested, maintained, and marketed. Depending on the facts, a manufacturer, distributor, seller, maintenance company, or another business in the chain may be liable.
Who Can File a Wrongful Death Claim in Texas?
Texas limits wrongful death claims to certain close family members. The rules on who may bring a wrongful death claim (Texas Civil Practice and Remedies Code § 71.004) allow the surviving spouse, children, and parents to bring the action for themselves and the other eligible beneficiaries.
One or more eligible family members may file for the benefit of all. If none of them files within three calendar months after the death, the executor or administrator generally must bring the action unless all eligible beneficiaries ask that it not be filed.
That rule is one reason wrongful death cases can overlap with estate matters. In Tarrant County, estate administration may involve the probate courts at the historic courthouse on West Weatherford Street, while a wrongful death lawsuit may proceed in a civil trial court depending on the facts of the case and venue.
Wrongful death claim vs. survival claim: What’s the difference?
A fatal accident can create two separate claims in Texas. A wrongful death claim focuses on what eligible family members lost because their loved one died. A survival claim preserves certain losses the person suffered between the injury and death.
Both claims may arise from the same event, but they compensate for different losses.
| Claim | Who the Claim Is For | Losses the Claim May Include |
|---|---|---|
| Wrongful death claim | The surviving spouse, children, and parents | • Lost income and financial support the person likely would have provided.• Lost care, maintenance, support, advice, and household services.• Loss of companionship, comfort, and society.• Mental anguish suffered by eligible family members.• Loss of inheritance the person reasonably could have accumulated and left to the family. |
| Survival claim | The estate of the person who died | • Medical expenses related to the fatal injury.• Conscious physical pain and suffering before death.• Mental anguish experienced before death.• Lost earnings between the injury and death.• Other damages the person could have pursued had they survived. |
The distinction can become especially important when someone survives a crash or catastrophic injury for hours, days, or weeks but succumbs to their injuries. The family’s losses are one part of the case. What their loved one endured before death may be another.
Texas’s survival action law (Texas Civil Practice and Remedies Code § 71.021) allows the person’s injury claim to continue through the estate. We evaluate both types of claims so the case reflects the full legal consequences of the death rather than overlooking losses that belong to either the family or the estate.
What Compensation Can a Family Seek After a Wrongful Death?
No amount of wrongful death compensation can replace a spouse, parent, or child. Its purpose is to address losses the law can compensate for and to provide financial security after a death has altered the family’s future.
Depending on the relationships involved and the evidence, damages may include:
- Lost financial support: Income and financial contributions the person likely would have provided.
- Lost household services: Work, care, and practical support the person contributed to the home.
- Loss of companionship and society: The loss of the relationship, presence, care, and shared life.
- Mental anguish: The emotional suffering experienced by eligible family members.
- Loss of inheritance: Wealth the person likely would have accumulated and left to the family.
- Other recoverable losses: Certain medical, funeral, estate, or pre-death losses may be addressed through the appropriate wrongful death or survival claim.
There is no true average settlement amount for a wrongful death. The value of your case depends on family relationships, earnings and household contributions, the circumstances of the death, the available insurance, and the evidence supporting the family’s losses.
Texas juries must base non-economic damages, including mental anguish and loss of companionship, on evidence. We spend time learning who your loved one was, the role that person played in the family, and what has changed since the death.
Texas may also allow exemplary damages in limited cases involving gross negligence or a willful act. We evaluate that issue only when the evidence supports it.
How Does Stephens Law Build a Wrongful Death Case?
A strong wrongful death case must show who caused the death and what the loss has meant to the family. We work on both from the beginning.
Reconstructing what happened
We preserve records before they disappear and speak with witnesses while memories are still fresh. In a vehicle case, that may include electronic data, video, photographs, phone records, crash reconstruction, and commercial records.
In an industrial or construction case, we may examine contracts, equipment records, safety documents, training files, worksite photographs, and examine the role of the company that controlled the work that led to the death.
Protecting the story your loved one cannot tell
In a fatal case, insurers may try to place blame on the person who died because that person cannot answer the accusation. Texas’s modified comparative negligence rule (Texas Civil Practice and Remedies Code Chapter 33) can reduce or bar recovery if too much fault is assigned to the deceased person.
We use physical evidence, witness testimony, electronic records, and expert analysis when needed to challenge unsupported blame and keep the case tied to what the evidence actually shows.
Documenting the family’s loss
We gather financial records, employment information, family testimony, and other evidence showing what your loved one contributed. That includes more than a paycheck. A parent, spouse, or adult child may provide care, guidance, household work, emotional support, and stability that never appeared on a tax return.
If a lawsuit is filed locally, many Tarrant County civil cases are heard in the Tarrant County civil district courts at the Tom Vandergriff Civil Courts Building in downtown Fort Worth.
How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
Texas generally gives a family two years from the date of death to file a wrongful death lawsuit. The two-year statute of limitations for injury resulting in death (Texas Civil Practice and Remedies Code § 16.003(b)) controls most claims.
Some circumstances can change the deadline, and claims involving certain government entities or other special defendants may have separate notice requirements. We confirm the applicable dates so that your case stays within the legal timeframe.
Waiting can create practical problems even when the deadline is months away. Video can be overwritten, vehicles repaired, worksite conditions changed, and witnesses can become harder to locate. Early investigation protects evidence while your family considers its next steps.
Frequently Asked Questions About Fort Worth Wrongful Death Claims
How much does it cost to hire a Fort Worth wrongful death lawyer?
Stephens Law handles wrongful death cases on a contingency fee basis. Your family pays no upfront attorney fee. We get paid only if we recover compensation for you. Your initial consultation is free and comes without pressure or obligation.
How long does a wrongful death case usually take?
A wrongful death case may take several months or longer, depending on the investigation, the number of responsible parties, insurance disputes, and whether a lawsuit becomes necessary, among other factors. Cases involving trucking companies, corporations, or contested liability often require more time because important evidence may come from several sources.
Will my family have to go to court?
Not necessarily. Many wrongful death cases resolve through settlement, but we prepare serious claims for trial if necessary. If the defendant or insurer refuses to accept responsibility or offer a fair resolution, we can present the evidence in court.
Can we bring a wrongful death claim if no criminal charges were filed?
Yes. A Texas wrongful death claim is a civil case and does not depend on prosecutors filing criminal charges. A family may have a valid civil claim even when no one is arrested, charged, or convicted. The civil case has its own legal standards and evidence.
What if my loved one survived the accident for days or weeks before dying?
You may still have a wrongful death claim if the injuries from the accident caused the later death. A survival claim may also address losses your loved one experienced between the injury and death. Medical evidence becomes especially important in connecting the original injury to the death.
How are wrongful death settlements paid?
A wrongful death settlement may be paid as a lump sum, through structured payments, or through a combination, depending on the agreement and the family members involved. The allocation among beneficiaries must also be addressed. Cases involving minors or estate issues may require additional court procedures.
What if the person who caused the death also died in the accident?
A wrongful death claim may still be possible when the responsible person also dies. Texas law allows certain claims to proceed against the responsible person’s estate. We review the insurance coverage, estate status, and other potentially responsible parties before advising the family about recovery options.
Talk With a Fort Worth Wrongful Death Lawyer When You Are Ready
There is no legal process that can give your family back the person you lost. What a wrongful death case can do is seek answers, hold the responsible people or companies accountable, and protect your family from bearing the financial consequences of someone else’s wrongdoing alone.
Stephens Law has represented Texas families through serious wrongful death cases for decades. We will listen before we advise you, answer your questions plainly, and give your case the time and attention its circumstances require.
Call 817-420-7000 or contact Stephens Law online for a free consultation. There is no pressure, no obligation, and no legal fee unless we recover compensation for your family.
Stephens Law | Personal Injury | Wrongful Death | Truck Accidents Fort Worth Office
1300 S University Dr #300
Fort Worth, TX 76107
Ph: (817) 420-7000
