Aggressive Advocacy
Nothing prepares a family for sudden, violent, preventable loss. When someone you love is killed because of a drunk driver, a reckless trucker, a negligent corporation, or medical malpractice, the grief is overwhelming. The last thing you should have to worry about is navigating the legal system alone while the responsible party’s lawyers and insurers work against you from day one.
Contact us today for a free consultation — call 817-335-4357 or click here.
The Previte Firm handles wrongful death cases throughout Fort Worth and North Texas. Attorney Paul Previte is a former prosecutor and former judge who has spent 30 years in North Texas courtrooms. He knows how to hold defendants accountable — not just for what they did, but for everything it has cost your family.
Who Can File a Wrongful Death Claim in Texas?
Under Texas Civil Practice and Remedies Code Section 71.004, a wrongful death lawsuit may be filed by the surviving spouse, children, or parents of the deceased. If none of those family members file a claim within three months of the death, the executor or administrator of the estate may bring the action on behalf of the estate. Multiple family members may join in a single lawsuit.
What Damages Can Your Family Recover?
Texas law provides for substantial compensation in wrongful death cases. Your family may recover:
In cases involving gross negligence — such as a drunk driver, a fatigued trucker who violated federal safety regulations, or a corporation that knowingly cut safety corners — the jury may award exemplary damages on top of actual damages. These punitive damages are designed to punish the defendant and deter future conduct.
Common Causes of Wrongful Death We Handle
The Survival Claim — What Most Families Don’t Know
In addition to a wrongful death claim, Texas law also allows a survival action under Texas Civil Practice and Remedies Code Section 71.021. This claim belongs to the deceased’s estate and covers the pain and suffering the deceased experienced between the injury and death, as well as any medical expenses and lost earnings during that period. Both claims can be pursued simultaneously and significantly increase the total recovery available to your family.
How Insurance Companies Fight Wrongful Death Claims
Insurance companies treat wrongful death cases like any other financial liability to be minimized. They will question the cause of death, argue pre-existing conditions, dispute the deceased’s future earning capacity, and offer quick settlements to grieving families before they have legal representation. A lowball settlement accepted in the weeks after a loved one’s death can leave your family financially devastated for decades.
Attorney Paul Previte does not allow that to happen. He investigates immediately, preserves evidence before it disappears, retains expert witnesses to establish liability and damages, and builds a case that reflects the true lifetime value of your loss. He is prepared to take your case to a Tarrant County jury if the insurance company refuses to offer full compensation.
The Two-Year Deadline
Texas generally allows two years from the date of death to file a wrongful death lawsuit under Texas Civil Practice and Remedies Code Section 16.003. This deadline is strict. Waiting reduces your ability to preserve evidence, locate witnesses, and build a strong case. Contact the The Previte Firm immediately after your loss.
Frequently Asked Questions — Texas Wrongful Death
Q: What if my loved one was partially at fault? Texas modified comparative fault rules allow recovery as long as your loved one was less than 51% responsible. The award may be reduced proportionally, but it is not eliminated. Do not assume partial fault means no case.
Q: Can we sue if the death occurred in a workplace accident? In many cases, yes. Workers’ compensation covers the employer, but if a third party — a contractor, equipment manufacturer, property owner, or vehicle operator — contributed to the death, a wrongful death lawsuit may be available in addition to workers’ compensation benefits.
Q: How long does a wrongful death case take? Every case is different. Some resolve within a year through settlement. Others require trial and can take two to three years. What matters is that your family receives full and fair compensation, not a quick lowball offer.
Q: How much does it cost to hire a wrongful death lawyer? Nothing upfront. The Previte Firm handles wrongful death cases on a contingency fee basis — no fee unless we win compensation for your family. Call 817-335-4357 for a free consultation.
Serving Fort Worth and All of Tarrant County
The Previte Firm represents wrongful death clients throughout Fort Worth, Haltom City, Arlington, North Richland Hills, Keller, Mansfield, and all surrounding communities in Tarrant, Parker, Hood, Johnson, Dallas, and Denton counties. Contact us today for a free consultation — call 817-335-4357 or click here.