Wrongful Death Lawyer in Waco

Texas gives this claim to the family. Knowing that much can be the easiest part of a very hard week.

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Texas gives this claim to the family. A surviving spouse can bring it, and so can the children or the parents. That’s the right place to start, because the first question most families ask is simply whether they’re allowed to do anything at all. You are.

What the law means by this claim

A wrongful death claim asks a plain question: did someone else’s carelessness cause the death of your family member. It isn’t a criminal matter and it doesn’t require a conviction. It’s a separate civil claim that exists so a family isn’t left carrying the financial weight of a loss that wasn’t their fault.

The clock runs from a different day than you’d expect

Because grieving families rarely think about deadlines in the first weeks, this one is worth stating early. Texas sets the window for this claim at two years, per § 16.003(b) of the Civil Practice and Remedies Code, and starts counting on the day the person passed, not the day of the crash. When those two dates fall weeks or months apart, the difference matters, and the statute of limitations guide covers how the general rule works alongside it.

What the claim can ask for

The categories are concrete, not abstract. A claim like this can address the cost of laying someone to rest, the income the household counted on, and the daily presence, advice, and care that no longer arrive. It isn’t a way of pricing a person. It’s a way of recognizing what their absence actually costs the people left behind.

McLennan County, in one number

TxDOT’s own crash data counted 22 fatal crashes across McLennan County in 2024, resulting in 22 lives lost. It’s a hard number to sit with, and it’s offered here only as context, not as a reason to rush any decision.

When you’re ready to ask

Some of these losses trace back to a driver who was drunk, and the drunk driving page covers how that kind of claim works. Others come from a crash involving a commercial truck, covered on the 18-wheeler page. Neither is required reading right now.

A case review is free, and it’s simply a conversation about where things stand. There’s no pressure attached to asking, and no obligation that comes with it.

Common questions

Who is allowed to bring a wrongful death claim in Texas?

In Texas the claim typically belongs to the closest family: a surviving spouse, the children, or the parents. If you're not sure where you fit, that's a fair question to ask during a review, not something you need to work out alone first.

What can a claim like this actually cover?

It can address what the funeral cost, what the family relied on financially, and the everyday presence and guidance no one can replace. Texas law treats each of these as a real, recognized loss.

The driver is facing criminal charges. Should we wait for that to finish?

No. The criminal case and your family's claim move on separate tracks with separate timelines, and one doesn't need to end before the other can move forward.

Related pages

See if you have a case — free

Answer a few quick questions. If your case qualifies, an independent attorney who serves Waco can review it at no cost.

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