Dallas Wrongful Death Lawyer
Has your family been changed forever by a fatal incident that could have been avoided?
Losing someone you love changes everything. And when that loss was preventable, the grief often comes with anger, confusion, and questions you never thought you’d have to ask.
At The Law Office of Charlie Waters, we help families get clear answers for the path ahead. As your Dallas wrongful death lawyer, we’ll sit down with you, listen to what happened, and walk you through your options. We’ll also explain what evidence we would need to prove your case and what the process would look like through to resolution.
We won’t leave you guessing or chasing updates. In this challenging time, we handle the legal burden for you and protect your family’s interests.
Compassion for Your Loss. Answers to Your Questions.
Justice for Your Loved One.
NO FEES UNLESS WE RECOVERY FOR YOU
- ZERO Fees Until We Recover for You
- FREE Consultations to Assist You with All Questions
- ZERO Obligation in Talking With Us. That’s totally free.
We want to answer your questions! We’re here to help.
WE WILL HELP YOU
- Understand the Texas Statutes That Apply to Wrongful Death
- Understand How We Will Build Your Claim: Step-by-Step
- Get a Maximum Recovery for Your Claim
No Shortcuts. No Discounts.
Your injuries are real. Your losses are real.
And we don’t believe in discounting either one.
What happened in your truck collision and how can we help you?
When You Lose Someone You Love, Everything Changes.
A Personal Message From Charlie Waters
“Losing someone you love is one of life’s most painful experiences. When that loss occurs suddenly because of another person’s negligence, the grief can be compounded by shock, uncertainty, and questions no family should have to face alone. I understand that no legal proceeding can replace the person you’ve lost or take away the pain of that loss.
I’ve spent more than four decades representing injured individuals and families in Texas, including families who have suffered the wrongful death of someone they love. I’ve learned that every family grieves differently, and every loss brings its own difficult circumstances. Compassion, patience, and understanding are just as important as legal experience when helping families through a time like this.
If you contact our office, we’ll take the time to listen, answer your questions, and explain your family’s rights under Texas wrongful death and survival laws. We’ll help you understand your options and guide you through the legal process at a pace that respects what you’re going through. There will be no pressure to make decisions before you’re ready, although we’ll also explain any deadlines or evidence-preservation steps that may require prompt attention.
You deserve straightforward answers, experienced legal guidance, and someone who genuinely cares about what your family is experiencing. That’s the commitment I make to every family who places its trust in me.”
Charlie Waters
Founder, Charlie Waters Law
Articles
What You Should Know
The Texas Wrongful Death Act: Who Can File a Claim and What Can Be Recovered?
When someone dies because of another person’s negligence or wrongful conduct, Texas law allows certain surviving family members to pursue compensation for their own losses. This right is established by the Texas Wrongful Death Act, Civil Practice and Remedies Code §§ 71.001–71.012.
Under § 71.004, the right to recover wrongful death damages belongs exclusively to the deceased person’s surviving spouse, children, and parents. These are the statutory beneficiaries. Unfortunately in Texas, brothers and sisters of the deceased cannot bring a wrongful death claim in Texas. One or more may bring the lawsuit for the benefit of all eligible beneficiaries. If no beneficiary files within three calendar months after the death, the executor or administrator generally must bring the action unless all beneficiaries request otherwise.
The purpose of a wrongful death claim is to compensate surviving family members for what they have lost because of the death. Depending on the evidence, recoverable damages may include lost financial support, lost household services, loss of companionship and society, loss of parental guidance, and mental anguish. Under § 71.010, the jury determines the damages and their allocation among eligible beneficiaries.
A wrongful death lawsuit belongs to the surviving family members—not to the deceased person’s estate. Texas law also recognizes a separate survival claim, which addresses losses suffered by the deceased before death.
The Texas Survival Statute: The Legal Claim That Belongs to the Deceased Person's Estate
When a person suffers serious injuries and subsequently dies, Texas law does not necessarily extinguish the personal injury claim that person could have pursued while alive. The Texas Survival Statute, Civil Practice and Remedies Code § 71.021, preserves that cause of action.
Unlike a wrongful death claim, which compensates surviving family members for their own losses, a survival claim seeks compensation for damages suffered by the deceased person between the injury and death. These may include medical expenses, physical pain, mental anguish, and other legally recoverable losses arising before death. Funeral and burial expenses may also be recoverable through an appropriate claim when supported by the evidence.
Under § 71.021(b), the personal injury action survives in favor of the deceased person’s heirs, legal representatives, and estate. The estate’s executor or administrator ordinarily prosecutes the claim, although heirs may have standing in certain circumstances recognized by Texas law.
For example, if someone survives a catastrophic collision for several days before dying, the survival claim may include compensation for the conscious pain and suffering experienced during that period, together with recoverable medical expenses.
The important distinction is that survival damages belong to the estate and are distributed according to applicable estate law, while wrongful death damages belong directly to the statutory beneficiaries. Both claims may arise from the same fatal accident and may be pursued together when legally appropriate.
Exemplary Damages in Texas Wrongful Death Cases: When Negligence Becomes Gross Negligence
In some wrongful death cases, the conduct responsible for a person’s death goes beyond ordinary negligence. Texas law permits the recovery of exemplary damages, sometimes called punitive damages, when the evidence establishes the heightened legal requirements for such an award.
Under Texas Civil Practice and Remedies Code § 41.003, exemplary damages generally require clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence. Gross negligence, as defined by § 41.001(11), involves an extreme degree of risk of serious harm and the defendant’s actual, subjective awareness of that risk, followed by conscious indifference to the rights, safety, or welfare of others.
In a fatal trucking collision, for example, evidence that a company knowingly permitted an exhausted or dangerously unqualified driver to operate an 18-wheeler may support an investigation into gross negligence. Whether exemplary damages are recoverable depends on the specific evidence and applicable law.
Unlike compensatory damages, exemplary damages are intended to punish and deter particularly wrongful conduct. § 41.003(d) requires a unanimous jury finding concerning liability for and the amount of exemplary damages. § 41.008 generally limits their amount, subject to statutory exceptions.
The Texas Wrongful Death Act, § 71.009, also expressly recognizes exemplary damages when death results from a willful act or omission or gross negligence. At Charlie Waters Law, we investigate whether the conduct causing a fatal accident supports not only compensatory damages but also a legally justified claim for exemplary damages.
Over 35 Years of Representation With Purpose, From Consultation to Courtroom Advocacy
Wrongful death cases are not routine claims. They require a careful investigation of a person’s tragic fate and the ability to stand up to insurers and corporate defendants trained to minimize what happened.
For over three decades, The Law Offices of Charlie Waters has represented grieving families across Texas in serious injury and wrongful death litigation. We bring a track record of results and a trial-focused approach to pursuing full accountability.
Understanding Your Rights Under the Texas Wrongful Death Act
In Texas, a wrongful death case is governed by the Texas Wrongful Death Act (Chapter 71 of the Civil Practice & Remedies Code).
The statute sets the rules for who may bring a claim, what damages may be available, and the deadlines that can apply. It can cover deaths caused by negligence, like a car accident or unsafe property conditions, as well as deaths tied to intentional misconduct.
Texas law also recognizes a related claim under the survival statute. While a wrongful death claim focuses on what surviving family members have lost, a survival claim allows the estate to pursue damages tied to what your loved one went through before death, such as medical care, pain and suffering, or other losses that occurred between injury and passing.
This is where grieving families need an experienced Dallas wrongful death attorney. These cases require careful proof, strong investigation, and a plan that accounts for both statutes, all without letting technical rules distract from the truth of what happened.
At The Law Offices of Charlie Waters, we’ve spent decades holding negligent people and corporations accountable for the harm they cause. If you’re unsure whether your family has a case, we’re here for a private, no-pressure conversation.
Straight Answers, Written for Families
In the first weeks after a loss, it’s normal to have questions you never expected to face. We’ve published free resources to help you understand how wrongful death cases in Texas work. While we recommend speaking with a lawyer, these can be a helpful place to start.
“Respectful counsel, thorough investigation, and a case built to stand up in court.”
“No two brain injuries are alike. Because they can affect people in such different ways, there is no “standard” approach. We carefully develop each brain injury case knowing the uniqueness of the injury and the person. That takes understanding…and experience.”
CHARLIE WATERS
Could Your Family Have a Wrongful Death Case in Dallas?
If someone else’s actions or failure to act safely played a role in the death of your loved one, your family may have legal options under Texas law.
The following situations often point to a potential claim:
- You lost a spouse, parent, child, or other close family member due to negligence or misconduct.
- An insurance adjuster has called, requested a recorded statement, or put paperwork in front of you early.
- The death followed a motor vehicle crash, a workplace incident, or an unsafe property condition.
- Your family is dealing with funeral and burial costs, medical expenses from before your loved one passed, and the sudden loss of income, support, and care your loved one provided.
If you’re seeing your family’s story in this list, talk with our Dallas wrongful death attorney. Our firm can evaluate the circumstances and tell you whether the case is worth pursuing.
What You Can Expect From Us
Beyond the medical bills incurred, a wrongful death claim covers the financial support your loved one provided, the life they were building, and the day-to-day care and guidance your family no longer has.
Our job is to identify the full scope of those losses and document them in a way an insurance company or a jury cannot dismiss.
Depending on the facts and what Texas law allows, damages may include:
- Lost income and future earning capacity
- Lost inheritance, including the long-term impact on savings and retirement
- Loss of companionship, love, and comfort
- Loss of society, support, and guidance
- Mental anguish and emotional suffering
- Loss of household services that your loved one provided
- Exemplary damages in cases involving gross negligence
Mr. Waters is a truly devoted and wonderful individual who just happens to be a very wise attorney, and I highly recommend him to anyone needing legal services regarding traumatic brain injuries. If you need someone to put a voice to your suffering, who paints a complete picture of what you’ve been through, you will have found the perfect person in Charlie. His extensive knowledge and education in this area of law is unparalleled, and no wonder he is ranked among the top in the nation.
M. BENOIT
Former Client
OUR APPROACH
How Our Dallas Wrongful Death Law Firm Builds a Strong Case
1
Start With a Private Conversation
Schedule a confidential conversation, and we’ll discuss what happened and what your family is carrying right now. We’ll provide a candid view of whether the case is viable.
2
Investigate and Build the Evidence
The next step is to gather evidence before it disappears: records, video, scene evidence, phone data, and witness accounts. We trace responsibility to every person and company involved.
3
Press for a Result That Reflects the Loss
Insurance companies may try to reduce a wrongful death case to a quick payout. We present a clear, well-supported demand to challenge lowball offers. If they continue to deny responsibility or undervalue your loss, we will take the case to court.
What To Bring for a Wrongful Death Case Review
You don’t need a perfect file to speak with a Dallas wrongful death lawyer. However, if you have any of the items below, they can help us understand what happened and identify which evidence should be preserved.
- The death certificate
- Any accident, incident, or police report
- The autopsy or medical examiner’s report, if one exists
- Medical bills and records from the injury through the date of death
- Funeral and burial expenses
- Basic income documentation, such as pay stubs or tax returns
Don’t wait until you have all the documents to reach out to us. Our Dallas wrongful death law firm can start with what you have and request the records we need as we look into your case.
Dallas Wrongful Death FAQs
1. Who has the legal right to file a wrongful death lawsuit in Texas?
Under the Texas Wrongful Death Act, the surviving spouse, children, and parents of the deceased have the right to bring a wrongful death claim. This includes adult children and legally adopted children, but generally excludes siblings, grandparents, and unmarried partners. One eligible family member may file on behalf of all statutory beneficiaries. We can help determine who has standing and ensure that every eligible family member’s interests are considered.
2. How long do I have to file a wrongful death lawsuit in Texas?
In most cases, Texas law provides two years from the date of death to file a wrongful death lawsuit under Civil Practice and Remedies Code § 16.003. Certain exceptions and special deadlines may apply, depending on the circumstances and the parties involved. Waiting can also result in lost evidence, unavailable witnesses, and other problems that make a case more difficult to prove. We encourage families to seek legal advice as early as they feel comfortable doing so.
3. What compensation can our family recover in a wrongful death lawsuit?
Texas law permits eligible family members to seek compensation for both economic and noneconomic losses. These may include lost financial support, the value of household services, loss of companionship and society, loss of parental guidance, and the mental anguish caused by losing someone you love. The value of a wrongful death case depends on the evidence concerning the deceased person’s life, relationships, contributions, and the effect of the loss on surviving family members. We work to develop a complete picture of what your family has lost—not simply calculate the deceased person’s income.
4. Can we file a wrongful death lawsuit if our loved one was not employed or had little income?
Yes. A person’s value to their family cannot be measured by a paycheck. A stay-at-home parent, retired spouse, child, or other family member may provide extraordinary companionship, guidance, emotional support, and services that have real significance under Texas wrongful death law. Even when lost earnings are limited or nonexistent, the surviving family may have substantial legally recoverable losses. We investigate those losses carefully so that the full impact of the death is understood.
5. What is the difference between a wrongful death claim and a survival claim?
A wrongful death claim compensates eligible surviving family members for the losses they personally suffered because of the death. A survival claim, authorized by Texas Civil Practice and Remedies Code § 71.021, preserves the personal injury claim the deceased could have brought if they had survived. Survival damages may include medical expenses and conscious pain and suffering experienced between the injury and death. Both claims may arise from the same fatal incident, but they involve different legal rights and categories of damages.
6. What if my loved one was partly responsible for the accident that caused their death?
A wrongful death claim is not necessarily defeated because the deceased person may have contributed to the accident. Under Texas proportionate responsibility law, the percentage of fault attributed to the deceased can affect the family’s recovery, and responsibility exceeding 50% generally prevents recovery on claims subject to that rule. Insurance companies sometimes attempt to shift blame to the person who died, particularly when that person can no longer explain what happened. We conduct our own investigation and challenge unsupported attempts to place responsibility on the deceased.
7. What if the person responsible for my loved one's death is facing criminal charges?
A criminal prosecution and a civil wrongful death lawsuit are separate legal proceedings. Criminal charges are brought by the government to address violations of criminal law, while a wrongful death lawsuit allows eligible family members to pursue financial compensation from legally responsible parties. A family may have a valid civil claim even if no criminal charges are filed or a criminal prosecution does not result in a conviction. We evaluate the available evidence independently rather than relying exclusively on the outcome of a criminal investigation.
8. Can more than one person or company be held responsible for a wrongful death?
Yes. Depending on the circumstances, multiple individuals or businesses may share responsibility for a fatal incident. For example, a commercial trucking accident may involve negligence by the driver, the trucking company, a maintenance contractor, or another responsible party. Identifying every legally responsible defendant can be especially important when the family’s losses are substantial. At Charlie Waters Law, we investigate beyond the immediate cause of the accident to determine whether other parties contributed to the death.
9. What if the insurance company offers our family a settlement shortly after the death?
You should be extremely cautious about accepting an early settlement or signing a release before understanding your family’s legal rights. An insurance company may attempt to resolve a claim before the full extent of the family’s financial and personal losses has been investigated. Once a valid settlement and release are executed, the affected claims generally cannot be reopened simply because additional losses become apparent. We can evaluate the offer, explain its consequences, and advise you whether it fairly accounts for the compensation your family may be entitled to recover.
10. How do you determine what a wrongful death case is worth?
There is no formula that can place a dollar value on a human life or the grief experienced by a surviving family. We evaluate the deceased person’s age, health, earnings, future earning capacity, household contributions, and the nature of their relationships with eligible family members. Depending on the case, we may work with economists, financial experts, and other professionals to document future financial losses while developing testimony about companionship, guidance, and mental anguish. Our objective is to present a persuasive, evidence-based account of the full consequences of the loss, both financial and personal.
11. Will our family have to go to court, and how long will a wrongful death case take?
Many wrongful death cases resolve through negotiated settlements, but some require litigation and trial to obtain a fair result. The time involved depends on the complexity of the investigation, the number of responsible parties, disputes over liability, and the extent of the damages. We prepare cases with trial in mind while pursuing appropriate settlement opportunities, and we keep families informed as the case progresses. You will have a voice in the important decisions, including whether to accept a settlement offer.
12. How much does it cost to hire Charlie Waters Law for a wrongful death case?
We handle wrongful death cases on a contingency-fee basis, meaning our attorney’s fee depends on obtaining a financial recovery for the client. We explain the fee agreement, litigation expenses, and how those expenses are handled before you make any commitment. Your initial consultation gives you an opportunity to ask questions, understand your family’s rights, and learn how we would approach the case. There is no obligation to hire us simply because you want answers during a difficult time.