Losing someone you love to another person's negligence leaves you with grief and a legal situation that can't wait. Insurance companies don't pause for families to grieve, and neither does the two-year deadline Texas imposes on wrongful death claims.
The decisions made in the weeks and months after a fatal accident shape what's possible for your family going forward.
At Lorenz & Lorenz Accident & Injury Lawyers, our Killeen wrongful death lawyers handle these claims throughout Bell County and Central Texas. Ted Lorenz has practiced personal injury law exclusively since 2001 and works directly with every client.
Call 254-662-4800 or 1-800-TELL-TED any time for a free consultation. There's no fee unless we recover for you.
Do You Need a Lawyer to File a Wrongful Death Claim in Killeen?
Yes. Wrongful death claims are among the most legally complex personal injury matters in Texas, and the stakes for your family are too high to navigate without experienced representation. The liable party's insurer will have legal counsel working immediately. Your family should too.
A Killeen wrongful death attorney manages the legal process entirely, from gathering and preserving evidence to identifying every liable party and pursuing the full range of compensation Texas law makes available. That work happens while your family focuses on grieving and healing.
Why Do Insurance Companies Move Quickly After a Fatal Accident?
When someone dies in an accident, the liable party's insurer knows the potential exposure is significant. Adjusters and investigators often respond within hours. They gather evidence, take statements, and begin building a defense before most families have had time to process what happened.
Having an attorney involved early ensures someone is working to preserve evidence and protect your family's interests with the same urgency. Surveillance footage, electronic data, and witness recollections all begin to fade immediately after an accident.
What Makes Wrongful Death Claims Different From Standard Personal Injury Cases?
A wrongful death claim is filed by surviving family members for their own losses, not on behalf of the deceased. Texas law also provides a separate claim called a survival action, filed by the estate for losses the deceased suffered before they died.
Both claims often arise from the same accident, they serve different legal purposes, and together they tell the complete story of what the negligence cost.
Managing both claims simultaneously, coordinating with the estate, and making sure damages don't improperly overlap requires legal experience specific to wrongful death work.
Who Can File a Wrongful Death Claim in Texas?
Under Texas Civil Practice & Remedies Code, Chapter 71, the surviving spouse, children, and parents of the deceased may file a wrongful death claim. These family members may file individually or together. Siblings, grandparents, and other relatives are not eligible under the Texas Wrongful Death Act, regardless of how close the relationship was.
If none of the eligible family members file a claim within three months of the death, the executor or administrator of the estate may file on their behalf, unless all eligible beneficiaries specifically request that no lawsuit be brought.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim compensates the surviving family members for their own losses, meaning what the death cost them personally: lost financial support, lost companionship, mental anguish, and the future contributions the deceased would have made to the family.
A survival action is different. It is filed by the estate and recovers what the deceased themselves could have claimed had they survived: pain and suffering experienced before death, pre-death medical expenses, and lost wages from the time of the injury until death. Funds recovered in a survival action go into the estate and are distributed according to the will or Texas probate law.
Both claims can and often should be pursued together after a fatal accident. They cover different losses and don't cancel each other out.
Can an Adult Child File a Wrongful Death Claim for a Parent?
Yes. Adult biological and legally adopted children may file a wrongful death claim in Texas. There is no age restriction on the child's eligibility. Stepchildren who were not legally adopted do not have standing under the Texas Wrongful Death Act, even if the deceased was the primary caregiver or financial provider.
How Long Do You Have to File a Wrongful Death Claim in Texas?
Two years from the date of death is the deadline under Texas law. This is firm. Missing it typically ends your family's right to pursue compensation in court, regardless of how clear the negligence was or how serious the loss.
Note: limited exceptions may apply in specific circumstances, including claims involving government entities or minor children. A licensed Texas attorney can advise on the deadlines that apply to your situation.
One important distinction: the clock starts on the date of death, not the date of the accident. When a person survives for days or weeks after the initial incident before dying, the two-year window begins when death occurs, not when the injury happened.
What If the Statute of Limitations Is Approaching?
If the two-year deadline is close, contact an attorney immediately. Filing a lawsuit preserves your rights even if the case continues to develop after filing. Waiting until the deadline passes eliminates those rights entirely. We review every wrongful death case promptly and move quickly when timing is a concern.
What Compensation May Be Available in a Killeen Wrongful Death Case?
Wrongful death claims in Texas may include compensation for both the financial losses the family has suffered and the non-economic losses that reflect the full human cost of what happened. No amount of compensation replaces a person, but Texas law provides a meaningful path to financial accountability.
Potential compensation in a wrongful death claim may include:
- Lost income and financial support the deceased would have provided to the family over their expected lifetime
- Loss of companionship, care, and guidance, reflecting what surviving spouses and children have lost in their daily lives
- Mental anguish suffered by the surviving spouse, children, and parents
- Funeral and burial expenses directly resulting from the death
- Loss of inheritance, representing what the deceased would have left to beneficiaries had they lived a full life
A survival action filed alongside the wrongful death claim may additionally recover the deceased's pre-death medical expenses, pain and suffering between the injury and death, and lost wages for that same period.
Are Exemplary Damages Available in Wrongful Death Cases?
Yes, in cases involving gross negligence or intentional conduct. If the death was caused by a drunk driver, by extreme recklessness, or by conduct that shows conscious disregard for human life, exemplary damages may be pursued alongside standard compensation. Texas law governs these awards under Civil Practice & Remedies Code, Chapter 41. We evaluate every wrongful death case for this avenue where the facts support it.
What Does a Killeen Wrongful Death Attorney Do That Your Family Can't Do Alone?
A wrongful death attorney takes every legal burden off your family's plate at the moment when that burden is hardest to carry. That means investigating what happened, identifying every liable party, coordinating the wrongful death and survival action claims, handling all communication with insurers, and building the documented case that supports your family's recovery.
Ted Lorenz has handled wrongful death and catastrophic injury cases in Central Texas since 2001. He works every case personally. When a wrongful death claim requires prompt evidence preservation, coordination with the estate, or a push for exemplary damages against a grossly negligent party, you have a direct line to the attorney making those decisions.
How Does Evidence Preservation Work in a Wrongful Death Case?
The evidence that matters most in wrongful death cases, including surveillance footage, vehicle black box data, electronic logging records from commercial trucks, and witness accounts, has a limited window before it's gone. We send formal preservation letters immediately and, when necessary, pursue legal action to prevent destruction of evidence.
In fatal truck accident cases on I-14 or US-190, that work begins the same day we're retained.
Does Comparative Fault Affect a Wrongful Death Claim?
Yes. Under Texas's modified comparative fault rule, if the deceased is found to have been partially at fault for the accident that caused their death, the family's compensation may be reduced proportionally. If the deceased is found more than 50 percent at fault, the family cannot recover under the wrongful death claim. Insurance companies frequently try to assign fault to the deceased to reduce or eliminate their exposure.
We work to build the clearest possible account of what happened and resist those arguments with evidence.
Call 254-662-4800 for a free case review, 24 hours a day, 7 days a week.
Do You Have a Wrongful Death Case in Killeen?
You may have a viable wrongful death claim if another party's negligence, recklessness, or intentional conduct caused your loved one's death and the surviving family members have suffered measurable losses as a result. Common causes of wrongful death claims in Bell County include fatal car and truck accidents on I-14 and US-190, accidents near Fort Cavazos, drunk driving fatalities, workplace accidents, and defective product cases.
Can You File a Wrongful Death Claim If the Driver Wasn't Criminally Charged?
Yes. The civil wrongful death claim and any criminal case are entirely separate. The civil standard of proof, a preponderance of the evidence, is lower than the criminal standard of beyond a reasonable doubt. A criminal charge or conviction can strengthen a civil claim by generating admissible evidence, but neither is required to pursue wrongful death compensation. We build the civil case on its own merits.
What If the Death Resulted From a Commercial Truck Accident?
Truck accident wrongful death claims involve additional layers of liability beyond the driver, including the trucking company, cargo handlers, and maintenance contractors. Federal regulations from the Federal Motor Carrier Safety Administration also apply.
These cases benefit significantly from early legal involvement because electronic logging data and black box records have narrow preservation windows. We move immediately on that evidence in every fatal truck accident case.
Not sure whether your family's situation supports a claim? Call 254-662-4800. The conversation is free and there's no obligation.
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Ask Lorenz & Lorenz
My father was killed in an accident but survived for three days before dying. Does the survival action cover those three days?
Yes, that's exactly what the survival action is for. The estate can pursue compensation for your father's pain and suffering, medical expenses, and lost wages for the period between the accident and his death.
That claim runs alongside the wrongful death claim your family files for your own losses. Both claims tell the complete story of what the negligence cost.
The insurance company reached out the day after my spouse died and offered a settlement. Should we accept it?
No, and not before speaking with an attorney. A same-day or next-day settlement offer means the insurer is moving quickly to close their exposure before your family understands the full value of the claim.
Wrongful death settlements are final. Accepting one releases all future claims, including the survival action. The offer will still be there after you've spoken with an attorney. Your rights may not be.
My mother was killed by a drunk driver. Can we pursue the bar that served him as well as the driver?
Yes. Texas's Dram Shop Act allows wrongful death claimants to pursue the establishment that overserved the driver alongside the driver themselves. If the bar continued serving someone who was visibly intoxicated to the point of presenting a clear danger, they may share liability for what happened.
That claim is separate from the wrongful death claim against the driver and can be pursued simultaneously.
We live out of state. Can we still file a wrongful death claim in Texas for an accident that happened in Killeen?
Yes. If the accident occurred in Killeen or Bell County, the claim is filed in Texas courts regardless of where the family lives.
Our firm handles wrongful death cases throughout Central Texas, and we work with out-of-state families regularly. Geography doesn't limit your right to pursue a Texas wrongful death claim.
FAQ for Killeen Wrongful Death Lawyer
How much does a wrongful death lawyer in Killeen cost?
Our firm works on a contingency fee basis. You pay nothing upfront and nothing at all unless we recover compensation for you. There are no hourly fees and no out-of-pocket costs to get started. Your initial consultation is free.
Can siblings file a wrongful death claim in Texas?
No. The Texas Wrongful Death Act limits eligibility to the surviving spouse, children, and parents of the deceased. Siblings, grandparents, and other relatives do not have standing to file under the statute, regardless of how close the relationship was. If no eligible family member files within three months, the estate's executor or administrator may file on behalf of the beneficiaries.
What if the person who caused the death also died in the same accident?
A wrongful death claim can still be pursued against the estate of the deceased at-fault party. Texas law does not require the responsible party to be alive for a civil claim to proceed. The claim is filed against their estate, and the applicable insurance coverage remains available regardless of the driver's death.
How is the wrongful death settlement divided among family members?
In a wrongful death case that goes to a jury, the jury determines how compensation is divided among eligible family members. In a settlement, the allocation is negotiated as part of the resolution. The division reflects each family member's individual losses, which can differ significantly. A surviving spouse's losses are different from a child's, and both differ from a parent's.
How long does a wrongful death case in Texas typically take to resolve?
It depends on the complexity of the case, the clarity of liability, and whether the insurer offers a reasonable resolution without litigation. Some cases settle within months. Others, particularly those involving disputed liability, multiple defendants, or significant exemplary damages, may take longer. We give every family an honest assessment of the likely timeline during the free consultation.
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Your Family Shouldn't Have to Fight This Alone
A wrongful death claim doesn't bring anyone back. What it does is hold the people responsible for a preventable death accountable in the only way civil law can, and it provides your family with financial stability at the moment when everything else has been turned upside down.
Ted Lorenz has fought for families in Central Texas since 2001. He handles every case personally, knows Bell County courts, and answers the phone when you call. There's no case manager between you and the attorney. There's no intake team. When you reach out, you talk to someone who can actually help.
Call 254-662-4800 or 1-800-TELL-TED, any time of day or night. The consultation is free, and the fee comes only if we win.
The information on this page is for general informational purposes only and does not constitute legal advice. Laws, deadlines, and legal standards referenced should be verified with a licensed Texas attorney for your specific situation.