If you’ve lost a family member because of someone else’s negligence, a Frisco wrongful death lawyer can help you understand your rights before the legal window closes. Under Texas Civil Practice & Remedies Code § 71.002, surviving spouses, children, and parents have exactly two years from the date of death to file a wrongful death lawsuit, a deadline set by Texas CPRC § 16.003.
Filing a wrongful death claim is one of the hardest legal decisions a grieving family will ever make. The sections below walk through every critical element of a Texas wrongful death claim, with a focus on the Frisco and Collin County landscape.
What Is Wrongful Death Under Texas Law, and Does Your Frisco Case Qualify?
Texas defines wrongful death under Tex. Civ. Prac. & Rem. Code § 71.001 as a death caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity. In plain terms, if someone’s negligence or intentional misconduct caused your loved one’s death, your family may have a valid wrongful death claim.
Frisco Fact Patterns That Commonly Qualify
Several types of fatal incidents in the Frisco area can give rise to wrongful death claims. These include fatal car crashes on US-380, commercial truck collisions on the Dallas North Tollway, balcony or structural collapses at Frisco properties, and catastrophic slip-and-falls on negligently maintained property. If the death would have been actionable as a personal injury had the victim survived, it qualifies under the statute.
Wrongful Death Claim vs. Survival Action
Texas law draws an important distinction between two related but separate claims. A wrongful death claim, filed under § 71.002, compensates the surviving family members for their own losses: grief, lost support, and loss of companionship. A survival action under § 71.021 compensates the deceased’s estate for losses the victim suffered before death, such as medical bills and pre-death pain and suffering. Both claims can often be pursued at the same time.
Key Takeaways: Eligible parties include surviving spouses, children, and parents. The governing statute is Tex. Civ. Prac. & Rem. Code Chapter 71. Recoverable damages include economic losses, non-economic losses, and, in some cases, exemplary damages.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law is specific about who has legal standing to bring a wrongful death claim. Under § 71.004, only the surviving spouse (including a common-law spouse), biological or adopted children, and biological or adoptive parents of the deceased may file.
Joint or Individual Filing
Eligible family members may file together as a group or individually. If one family member files, others can join the lawsuit. Filing jointly can streamline the process and cut down the risk of conflicting claims.
The Three-Month Executor Rule
If no eligible family member files within three months of the date of death, the estate’s executor or personal representative may bring the claim under § 71.004(e). This rule exists to protect the estate when immediate family members are unable or unwilling to act.
Who Cannot File Under Texas Law
Siblings, grandparents, stepparents, and stepchildren are explicitly excluded from filing a wrongful death claim in Texas, no matter how close their relationship with the deceased. This is a hard statutory line with no exceptions.
Here’s an example. Picture a Frisco family where a father is killed in a commercial truck collision on the Dallas North Tollway. His surviving wife, their two adult children, and his biological parents all have standing to file. His brother and his stepchildren do not.
What Is the Statute of Limitations for Wrongful Death in Texas, and Are There Exceptions That Apply?
The two-year statute of limitations under Tex. Civ. Prac. & Rem. Code § 16.003 is the single most important deadline in any wrongful death case. The clock starts on the date of death, not the date of the accident or the date the family discovers negligence was involved.
Tolling Exception 1: Minor Children
If an eligible claimant is a minor child, the two-year deadline is tolled until the child turns 18 under § 16.001. The child then has two years, until age 20, to bring the claim independently.
Tolling Exception 2: Legal Incapacitation
The statute of limitations is also paused for plaintiffs who are under a legal disability at the time the cause of action accrues, per § 16.001. Once the disability is removed, the two-year period begins to run.
Government Entity Exception
If your wrongful death claim involves a Frisco city department or a Collin County agency, Texas Tort Claims Act § 101.101 may require you to file a formal Notice of Claim as early as six months after the incident. This is a separate requirement from the two-year suit deadline, and it can catch families off guard.
Warning: Missing the statute of limitations deadline almost certainly bars your claim forever. If you’re unsure whether your deadline is approaching, contact a Frisco wrongful death lawyer right away.
Factors That Increase Case Value
Cases involving clear liability, a young victim with strong earning potential, or a commercial defendant such as a trucking company or large property owner tend to yield higher recoveries. Collin County’s rapid growth and heavy commercial vehicle traffic along the Dallas North Tollway and the SH-121/US-380 interchange raise the frequency of wrongful death exposures for Frisco families.
Where Do Fatal Accidents Most Often Happen in Frisco, TX?
According to TxDOT crash data, Collin County has seen consistent fatal crash activity along several high-volume corridors. Snellings Injury Law tracks these hotspots because local knowledge directly shapes how we investigate and build wrongful death cases for Collin County families.
Named Corridors and Intersections
The most dangerous corridors in and around Frisco include US-380 (University Drive) at Teel Parkway, the Dallas North Tollway and SH-121 interchange, and Preston Road between Frisco and Celina. These stretches combine high speeds, heavy commercial vehicle traffic, and dense residential and retail development, a combination that raises crash severity.
Why Local Knowledge Matters
Snellings Injury Law maintains offices in Frisco, Sherman, and Celina, serving the full Collin and Grayson County corridor where these crashes concentrate. We handle wrongful death cases, catastrophic injury claims, and motor vehicle accident cases with a deep understanding of local roads, courts, and defendants.
How Does Snellings Injury Law Handle Wrongful Death Cases for Families?
Snellings Injury Law represents wrongful death families on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. There are no upfront costs and no financial risk to your family during an already devastating time.
Our investigation process begins the moment you contact us. We work to preserve crash scene evidence, obtain TxDOT CRIS reports, secure black-box data from commercial vehicles, and bring in accident reconstruction experts when needed. Every piece of evidence we gather is aimed at building the strongest possible case before the statute of limitations runs.
Wrongful death cases for Frisco residents are typically filed in Collin County District Court. Our attorneys know the local court procedures, the judges, and the standards that Collin County juries apply to wrongful death damages.
During your free initial consultation, we’ll review your timeline, identify all eligible claimants, and give you an honest assessment of your case’s strengths. Bring any documentation you have, like police reports, medical records, and insurance correspondence, and we’ll take it from there. When you’re ready to move forward, contact a Frisco personal injury attorney at Snellings Injury Law to get started.
Contact Snellings Injury Law for Wrongful Death Representation in Frisco
No family should have to navigate a wrongful death claim alone while grieving. Snellings Injury Law serves Frisco, Celina, Sherman, and the surrounding Collin and Grayson County communities with experienced, compassionate wrongful death representation. The two-year deadline under § 16.003 begins the day your loved one passes, so the sooner you act, the better your chances of preserving critical evidence and protecting your family’s rights. Call Snellings Injury Law today or visit our website to schedule your free consultation.
