The sudden loss of a family member due to negligence or misconduct is one of the most painful experiences anyone can face. In these tragic situations, a Plano wrongful death lawyer can provide crucial support—holding the responsible party accountable and helping surviving family members seek the financial and emotional compensation they deserve. Whether your case involves a car accident, medical malpractice, or a workplace fatality, a skilled local attorney can help you navigate this challenging process with care and precision.
In Texas, a wrongful death occurs when someone dies as a result of another person’s negligence, reckless behavior, or intentional act. These claims are civil lawsuits—not criminal cases—and they focus on compensating surviving family members for the losses they’ve suffered.
Qualifying examples include:
Fatal car or truck accidents
Medical malpractice leading to death
Dangerous or defective products
Construction site or workplace fatalities
Criminal acts (assault, homicide)
A Plano wrongful death lawyer helps families gather evidence, identify liable parties, and file a claim within the legally required timeframe.
Under the Texas Wrongful Death Statute, the following individuals have the legal right to file:
Spouse of the deceased
Children of the deceased (biological and adopted)
Parents of the deceased
If none of these parties file within 3 months of the death, the executor or administrator of the estate may file on behalf of all beneficiaries.
Chart: Who Can File a Wrongful Death Claim in Texas
Party | Eligible to File? | Priority |
---|---|---|
Surviving Spouse | Yes | High |
Biological/Adopted Children | Yes | High |
Parents of the Deceased | Yes | High |
Siblings | No | N/A |
Estate Representative | Yes (after 3 months) | Backup |
To build a successful claim, your attorney must prove four essential elements:
Duty of Care – The defendant had a legal duty to act responsibly.
Breach of Duty – That duty was violated due to negligence or misconduct.
Causation – The breach directly caused the person’s death.
Damages – The family has suffered measurable losses (financial and emotional).
A seasoned Plano wrongful death lawyer knows how to gather medical records, accident reports, witness statements, and expert testimony to support each element.
Plano, part of the fast-growing DFW metroplex, sees its share of preventable fatalities every year. Some of the most common causes include:
Motor vehicle accidents (US-75, George Bush Turnpike)
Medical negligence (surgical errors, misdiagnosis)
Workplace accidents (especially in construction and manufacturing)
Defective products (auto parts, household equipment)
Premises liability (unsafe properties, falls, dog attacks)
[Insert Chart: Fatal Accidents in Plano by Type – 2020–2024]
Year | Auto Accidents | Workplace Deaths | Medical Malpractice | Total Wrongful Death Cases |
---|---|---|---|---|
2020 | 22 | 4 | 2 | 28 |
2021 | 25 | 5 | 3 | 33 |
2022 | 27 | 6 | 4 | 37 |
2023 | 29 | 7 | 4 | 40 |
2024 (est.) | 31+ | 8+ | 5+ | 45+ |
Source: Texas Department of Transportation, OSHA, and local court records
A wrongful death claim aims to ease the financial and emotional burden on surviving family members. Damages may include:
Medical expenses prior to death
Funeral and burial costs
Loss of income and financial support
Loss of inheritance
Loss of companionship, care, and guidance
Mental anguish and emotional suffering
Table: Estimated Financial Impact of a Wrongful Death
Expense Category | Average Cost (Plano area) |
---|---|
Funeral & Burial | $8,000–$15,000 |
Emergency Medical Bills | $10,000–$100,000+ |
Lost Income (age 35, $60k/yr) | $1.5 million over 25 years |
Mental Health Treatment | $3,000–$15,000 |
The statute of limitations in Texas is 2 years from the date of death. However, there are exceptions:
Cases involving minor children may pause the clock
Discovery delays (e.g., medical malpractice not immediately evident)
Intentional concealment by the defendant
Your Plano wrongful death lawyer will evaluate all time-sensitive factors and ensure your case is filed on time.
Wrongful death cases are emotionally complex and legally challenging. A lawyer who’s deeply familiar with Collin County courts, local insurers, and jury expectations can make a significant difference in:
Valuing your claim accurately
Protecting your rights throughout the process
Managing deadlines and filings
Negotiating with insurance companies or corporate lawyers
Taking the case to trial if needed
The emotional toll is heavy—let a professional handle the legal fight so your family can focus on healing.
Incident: A 51-year-old husband and father was killed in a T-bone crash at the intersection of Legacy Dr. and Coit Rd. The at-fault driver ran a red light while texting.
Outcome: A wrongful death suit was filed by the surviving spouse and two children.
Settlement: $1.2 million, covering funeral costs, lost lifetime income, and emotional damages.
Key Legal Move: Cell phone records subpoenaed to prove distracted driving.
Q: How much is a wrongful death case worth?
A: It depends on many factors, including the victim’s age, earning potential, and the emotional toll on the family. Cases in Plano typically range from $250,000 to several million.
Q: Will my case go to trial?
A: Most settle out of court, but your lawyer should be trial-ready in case insurers don’t offer fair compensation.
Q: Can multiple family members file separately?
A: No. Only one wrongful death claim can be filed per decedent, although multiple family members can be part of it.
Q: Is there any criminal prosecution involved?
A: Possibly—but a wrongful death lawsuit is separate from any criminal charges. Your lawyer will focus on the civil side.
When someone else’s actions lead to the death of a loved one, you’re left with grief, confusion, and a desperate need for answers. A trusted Plano wrongful death lawyer can help your family move forward—by pursuing justice and the compensation needed to rebuild your lives. The law won’t bring your loved one back, but it can bring accountability to those responsible and financial relief to those left behind.