PROBATE · DFW · AUSTIN · HOUSTON
Texas Wrongful Death Estate Claims Attorneys
Losing a loved one because of someone else's negligence is devastating enough without also navigating the legal side of it. Dooley Noted Law helps Texas families understand their options when a wrongful death also involves the estate.
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We'll walk you through your options, rights, and next steps under Texas law — no pressure, no runaround.
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WRONGFUL DEATH IN TEXAS
What is a Wrongful Death Estate Claim?
When a person dies because of another party's negligence or wrongdoing, Texas law allows certain family members to pursue a wrongful death claim. In some cases, the deceased person's estate may also have a separate claim, known as a survival action, for damages the person could have pursued had they lived, such as medical expenses or pain and suffering before death.
These two types of claims often overlap, but they're not the same thing, and understanding the difference matters for how the estate is handled and how any recovery is distributed among family members.
SERVICES
What We Handle
Wrongful Death Claims
We offer focused wrongful death services designed to help you protect your family's interests while an estate moves through this process.
Survival Actions
We help evaluate whether the estate has a separate survival claim for damages the deceased could have pursued while alive.
Estate Administration During a Claim
Wrongful death matters often require an estate representative to be appointed before a claim can move forward. We guide personal representatives through this step.
Beneficiary Coordination
When multiple family members are involved, we help clarify who is entitled to participate in a claim and how any recovery may be distributed under Texas law.
Insurance & Liability Review
We help families understand the parties potentially responsible and the types of claims that may apply to their situation.
Settlement & Distribution Guidance
If a claim results in a settlement, we help ensure the estate distributes funds according to Texas probate requirements.
How Wrongful Death Claims Works in Texas
A wrongful death claim allows certain surviving family members, generally a spouse, children, or parents, to seek compensation when a loved one's death was caused by another party's negligence. Texas law gives these family members a three-month window to decide whether to file; if they don't, the estate's personal representative may be able to step in. We help families understand the difference between a wrongful death claim and a survival action, which belongs to the estate itself.
Texas also applies a general two-year statute of limitations to these claims, though certain circumstances can affect that timeline. We work with families and estate representatives to understand where things stand and what steps come next.
What to Expect Working With Dooley Noted
We know that legal questions are rarely the first thing on a family's mind after a loss. When you're ready, we walk through what happened, who may be responsible, and what options the family and the estate may have, explained without unnecessary legal jargon.
We work with families across DFW, Austin, and Houston, and much of this process, from document review to initial consultations, can be handled remotely so your family isn't burdened with added logistics during an already difficult time.
Ready to Move Forward?
Tell us about your situation. We'll review your case and be in touch soon.
Payment collected at booking.
Initial Case Review
We listen to what happened and identify who may have standing to file a claim.
Estate Representation Appointment
If needed, we help get a personal representative appointed to act on the estate's behalf.
Negotiation & Liability Review
We help identify potentially responsible parties and applicable claims.
Resolution & Distribution
We help ensure any settlement or award is distributed according to Texas law.
CLIENT TESTIMONIALS
Why Our Families Trust Dooley Noted Law
★★★★★
"I was very pleased with my outcome and follow through. I would definitely recommend this law office to friends and family."
Michele M.
★★★★★
“My entire experience with Dooley Noted Law was above and beyond what I expected. I was given precise, clear instructions and direction in return my questions, of which there were many, were responded to quickly and explicitly."
Sandy D.
★★★★★
"Everything was great! Very quick and efficient, great communication along the way! I really can't say enough positive things!! Thank you!!!"
Joseph M.
READY TO MOVE FORWARD?
Get the Answers About Your Family's Wrongful Death Claim
If your family has lost a loved one due to negligence, Dooley Noted Law can help you understand your options under Texas law.
FREQUENTLY ASKED QUESTIONS
Common Questions About Wrongful Death Claims in Texas
Not finding your answer here? Schedule a free case review and we'll walk you through your specific situation.
What's the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their own losses, such as loss of companionship or financial support. A survival action, by contrast, belongs to the deceased person's estate and covers damages they could have claimed had they survived, such as medical expenses or pain and suffering between the injury and death. Many cases involve both claims moving forward together, which can affect how any recovery is ultimately distributed.
How long do I have to file a wrongful death claim in Texas?
Texas generally applies a two-year statute of limitations to wrongful death claims, though certain circumstances can affect this deadline. Because these timelines are strict and case-specific, it's important to get a clear understanding of where a particular situation stands as early as possible.
Does the estate need to go through probate before filing a claim?
Not always. A wrongful death claim can typically be filed directly by the surviving spouse, children, or parents without the estate first going through probate. However, if none of these family members file within the initial window, the estate's personal representative may need to be formally appointed before stepping in on the family's behalf.
Who receives money from a wrongful death settlement?
This depends on the specific claim and the family's circumstances. In a wrongful death claim, proceeds generally go to the surviving spouse, children, and parents. If a related survival action is also involved, those proceeds typically pass through the estate and are distributed according to the deceased person's will or Texas intestacy laws if there wasn't one.
Can multiple family members file a claim at the same time?
Yes. Texas law allows the surviving spouse, children, and parents to be part of the same wrongful death claim, rather than each having to file separately. Coordinating everyone's involvement early on can help avoid confusion later, particularly when it comes to how any settlement or award is divided.