Arlington Wrongful Death Lawyers
Losing someone you love to another person's negligence is the worst day a family can have. 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. Local Arlington office.
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Arlington office — handled with care, prepared for trial
Our Arlington office at 2310 W I-20 Suite 100 handles wrongful death cases with the same care we would want for our own family. We know Texas Civil Practice & Remedies Code Chapter 71, the survival-action distinction under §71.021, the §16.003(b) two-year limitations period running from date of death, and the §33.001 comparative-fault rules that defense counsel and carriers will press hard. When you cannot come to the office, we come to you — at the hospital, at home, by phone, or by Zoom.
Two separate claims under Texas law
When someone dies because of another party's negligence, Texas law creates two distinct claims. They are not the same and they do not belong to the same plaintiff. We pursue both in every case where both are available. Drunk drivers cause a meaningful share of these cases — Texas ranks among the nation’s worst states for fatal drunk-driving crashes.
Wrongful death (Chapter 71)
Belongs to the statutory beneficiaries under §71.004 — surviving spouse, children (minor and adult, including adopted), and parents. Recovers their personal losses: 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. Two-year limitations from injury date. Distributed through the estate per the will or Texas intestate succession.
First steps after losing a loved one in Arlington
There is no script for the first days after a sudden loss. The list below is what we tell families when they call us — not a checklist to rush through, but moves that protect the family's options while you grieve.
- Get the death certificate and the autopsy or medical examiner's report. Tarrant County deaths involving trauma, suspected violence, or unattended circumstances are handled by the Tarrant County Medical Examiner's Office at 200 Feliks Gwozdz Place, Fort Worth. Order multiple certified copies.
- Preserve evidence before it disappears. Vehicle ECM data, surveillance footage, dashcam video, witness contact information, and social-media posts from the at-fault party 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 of the death. 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. Don't worry about organizing them — bring what you have.
- Coordinate the probate question if there is one. A survival action belongs to the estate, which means a personal representative must be appointed. Tarrant County probate matters are handled at the Tarrant 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. Once you sign a release, you cannot reopen the claim — even if other defendants are later identified.
Texas wrongful death law — what Arlington families should know
Statutory beneficiaries (§71.004)
Only the surviving spouse, children (minor and adult, including adopted), and parents may file a Texas wrongful-death claim. Siblings cannot. If no eligible family member files within three months, the estate's personal representative may file unless one of the beneficiaries objects.
Compensable damages (§71.010)
Loss of love, companionship, mental anguish, financial support, household services, inheritance, and (in some cases) loss of consortium. Each beneficiary's losses are calculated separately.
Survival action (§71.021)
The estate's separate claim for the deceased's pre-death pain, suffering, mental anguish, and medical bills. Distributed via the will or Texas intestate succession. Both claims often arise from the same facts but belong to different plaintiffs.
Two-year limitations from death (§16.003(b))
Wrongful death claims must be filed within two years of the date of death. Survival actions run on §16.003(a) from the date of injury. Government-defendant claims may have shorter notice deadlines under the Texas Tort Claims Act.
Modified comparative fault (§33.001)
The family can recover as long as the deceased was 50% or less at fault. Recovery is reduced by the deceased's percentage of fault. Defense lawyers push the deceased's percentage hard — we push back with reconstruction evidence.
Paid or incurred medicals (§41.0105)
The survival-action medical-damages claim is limited to amounts actually paid or incurred. With Level I trauma stays at JPS Health Network (15 minutes west) easily running into six figures before death, careful paid-or-incurred documentation matters.
Exemplary damages (§41.003 / §41.008)
Available on clear and convincing evidence of fraud, malice, or gross negligence. Drunk driving, repeated FMCSR violations, knowingly serving an intoxicated patron under dram-shop, or knowingly retaining an unsafe driver are the kinds of facts that support gross-negligence claims. §41.008 caps exemplary damages with statutory exceptions.
Liens and subrogation
Texas hospitals can attach liens to the survival-action recovery. Health insurers and federal payers (Medicare, Medicaid, TRICARE) have subrogation rights against the survival action. We negotiate liens down so more of the recovery ends up with the family.
Common Arlington wrongful death scenarios
Wrongful death cases in Tarrant County come from the same routes and same kinds of facts we see in our other Arlington practice areas. The patterns below recur in our caseload:
- Commercial truck fatalities on I-20. Heavy long-haul freight through south Arlington. Fatigue-driven crashes, FMCSR violations, and overloaded loads produce catastrophic injuries that turn into wrongful-death claims days or weeks later.
- I-30 Entertainment District fatalities. Game-day and concert-day surge traffic combined with rideshare congestion produces high-energy crashes near AT&T Stadium and Globe Life Field.
- SH-360 commercial vehicle fatalities. Heavy commercial-truck volume on the distribution-corridor spine, particularly at access-road intersections and around DFW Airport cargo terminals.
- Motorcycle fatalities on I-20, I-30, and SH-360. Drivers misjudging passing distance, failure-to-yield at intersections, and cars turning across an oncoming motorcycle.
- Drunk-driver wrongful death. §41.003 exemplary damages cases. Texas dram-shop liability under Tex. Alc. Bev. Code §2.02 can add the Entertainment District bar or restaurant that over-served the driver as a defendant.
- Premises-liability fatalities at major venues. AT&T Stadium, Globe Life Field, Six Flags Over Texas, Hurricane Harbor, and Texas Live! draw millions of visitors annually. Negligent-security, fall-from-height, and dangerous-condition fatalities show up in our caseload.
- Pedestrian fatalities in the Entertainment District. Crashes at high-volume crossings on Collins Street and around game-day pedestrian flow.
- Workplace and construction fatalities. Texas non-subscriber claims and third-party-defendant claims against subcontractors and equipment owners on Tarrant County jobsites.
Where Arlington wrongful death cases are heard
Tarrant County
Civil personal injury and wrongful death cases in Tarrant County are heard at the Tom Vandergriff Civil Courts Building, 100 N. Calhoun Street, downtown Fort Worth. The 17th, 48th, 67th, 96th, 141st, 153rd, 236th, 322nd, 325th, 342nd, 348th, 352nd, 360th, 393rd, and 432nd District Courts handle the civil docket.
Probate (survival action)
Tarrant County probate matters — including appointing a personal representative for the estate to pursue the §71.021 survival action — are handled at the Tarrant County Probate Courts in the Tom Vandergriff Civil Courts Building. 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, Fort Worth Division, Eldon B. Mahon Federal Building, 501 W 10th Street.
Most wrongful death cases settle and never see a courtroom — but we file in the proper venue and build every case as if it will, which is part of why insurance companies settle them fairly.
Common questions from Arlington families
Who can file a wrongful death claim in Arlington under Texas law?
What is the deadline to file an Arlington wrongful death lawsuit?
What is the difference between a wrongful death claim and a survival action in Texas?
How much is an Arlington wrongful death case worth?
Where are Arlington 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?
What if my loved one died from injuries sustained months after the crash?
How much does it cost to hire Patterson Law Group for an Arlington wrongful death case?
Lost a loved one in Arlington? We're here when you're ready.
Local Arlington office on I-20 · Free, confidential consultation · No fee unless we win · Available 24/7 · Se habla español
Legally reviewed by Travis Patterson, Managing Partner of Patterson Law Group.