Fighting for Plano Families After a Wrongful Death
Losing a loved one because of someone else's negligence is devastating. The grief, the unanswered questions, the sudden financial burden — no family should face this alone. If someone's recklessness or carelessness caused the death of your spouse, parent, or child in Plano or anywhere in Collin County, Texas law gives your family the right to pursue accountability and financial recovery through a wrongful death claim.
At The Law Office of Joel M. Vecchio, P.C., attorney Joel Vecchio brings over 25 years of dedicated personal injury trial experience to wrongful death cases in Plano and throughout North Texas. When you call this office, you speak directly with your attorney — not a paralegal, not an intake coordinator. Joel Vecchio personally manages every case from the first phone call through the final resolution.
The firm operates on a contingency fee basis. You pay nothing upfront, and you owe no attorney fees unless compensation is recovered for your family. Consultations are always free, and the team is available 24 hours a day, 7 days a week — including bilingual services in English and Spanish.
What Is a Wrongful Death Claim Under Texas Law?
Under the Texas Wrongful Death Act (Chapter 71), a wrongful death claim arises when a person's death is caused by the wrongful act, neglect, carelessness, or unskillfulness of another party.
Unlike a criminal case, a wrongful death lawsuit is a civil action filed by surviving family members. The burden of proof is lower — "preponderance of the evidence" rather than "beyond a reasonable doubt."
This means a family can recover compensation even if no criminal charges were ever filed against the responsible party.
Common Causes of Wrongful Death Claims in Plano
Wrongful death cases in the Plano and North Texas area frequently arise from motor vehicle collisions on high-traffic corridors like US-75 (Central Expressway), State Highway 121 (Sam Rayburn Tollway), and the President George Bush Turnpike (PGBT). Commercial trucking accidents involving 18-wheelers and tractor-trailers often result in fatalities due to the extreme force of impact.
Additional causes include motorcycle crashes, pedestrian accidents at busy intersections, drunk driving collisions, workplace fatalities on construction sites, defective product failures, medical negligence, and premises liability incidents such as drownings or structural collapses.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law restricts wrongful death claims to specific surviving family members. Only the following individuals have legal standing to file:
The surviving spouse of the deceased person. The children of the deceased, including legally adopted children. The parents of the deceased individual.
These eligible family members may file individually or jointly. If no eligible member files within three months of the death, the personal representative or executor of the estate may file on their behalf — unless all eligible members specifically object. Extended family such as siblings, grandparents, or cousins generally do not have standing.
Damages Available in a Plano Wrongful Death Case
Texas wrongful death law allows surviving family members to pursue compensation for both the financial and emotional impact of their loss.
Economic Damages
Loss of future earning capacity — the income and financial support the deceased would have provided over their remaining working years.
Loss of inheritance — the savings, retirement benefits, and estate value the family would have received.
Medical expenses — bills incurred for emergency treatment and care from injury through death.
Funeral and burial costs — all reasonable expenses for memorial, burial, or cremation services.
Non-Economic Damages
Mental anguish — the severe emotional distress experienced by surviving family members.
Loss of companionship and society — the loss of love, comfort, guidance, and emotional support.
Loss of consortium — the deprivation of the marital relationship experienced by the surviving spouse.
Loss of parental guidance — for minor children who have lost a parent's care, advice, and nurturing.
Texas does not impose a general cap on damages in standard wrongful death cases. However, claims arising from medical malpractice are subject to separate statutory limits on non-economic damages.
Critical Legal Timelines and Rules in Texas Wrongful Death Cases
Two-Year Statute of Limitations
Under Texas Civil Practice and Remedies Code Section 16.003, surviving family members have two years from the exact date of death to file a wrongful death lawsuit. Missing this deadline almost always results in permanently losing the right to pursue compensation. The clock starts on the date of death — not the date of the underlying accident or injury.
Accelerated Deadlines for Government Entities
If the wrongful death involves a government vehicle, city bus, municipal road defect, or any government employee acting in their official capacity, the timeline is dramatically shorter. Under the Texas Tort Claims Act, formal administrative notice must be served in as few as 90 days from the date of death. Failure to provide timely notice can permanently bar the claim.
Texas Modified Comparative Fault (51% Bar Rule)
Texas follows a modified comparative negligence system under Chapter 33 of the Texas Civil Practice and Remedies Code. If the deceased person is found to share responsibility, the family's recovery is reduced proportionally. If the deceased is assigned 51% or more of the fault, the family recovers nothing. Insurance companies aggressively exploit this rule, attempting to shift blame onto the deceased who can no longer speak for themselves.
Dram Shop Liability in Fatal Drunk Driving Cases
When a wrongful death results from a drunk driving collision, the family may pursue claims beyond the impaired driver. Under the Texas Dram Shop Act, bars, restaurants, or venues that served alcohol to a visibly intoxicated patron who caused a fatal crash may be held civilly liable. Exemplary (punitive) damages may also be pursued for gross negligence under Texas Civil Practice and Remedies Code Section 41.003.