Wrongful Death Attorney in Amarillo, Texas
When a Loved One Is Gone Because of Someone Else's Negligence, Justice Still Matters
Losing someone you love because of another person’s negligence or recklessness is one of the most devastating experiences a family can face. A wrongful death claim cannot undo that loss — but it can hold the responsible party accountable and provide the financial support your family needs to move forward. At Stockard, Johnston, Brown, Netardus & Doyle, our wrongful death attorneys in Amarillo, Texas handle these cases with the care, respect, and legal precision they demand.
What Is a Wrongful Death Claim in Texas
A wrongful death claim is a civil lawsuit brought on behalf of a deceased person’s surviving family when the death was caused by the negligence, recklessness, or intentional act of another party. Under the Texas Wrongful Death Act — Texas Civil Practice & Remedies Code §§ 71.001 et seq. — certain surviving family members have the right to sue the responsible party for the financial and personal losses they have suffered as a result of the death.
These cases arise in a wide range of circumstances. Car and truck accidents. Workplace accidents in the oilfield, on construction sites, and in agricultural settings. Medical malpractice. Premises liability incidents. Product liability. Criminal acts. In every case, the legal standard is the same: if the death would not have occurred but for the negligence or wrongful conduct of another party, the surviving family has a cause of action. A wrongful death attorney in Amarillo, Texas can help surviving family members understand their rights, evaluate their claims, and pursue the compensation they are entitled to under Texas law.
Who Has the Right to File Under the Texas Wrongful Death Act
Texas law limits who may bring a wrongful death claim. The following family members have the right to file:
- Surviving spouse
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Surviving children
including adult children and, in some cases, adopted children - Surviving parents
Siblings, grandchildren, and other relatives do not have the right to file a wrongful death claim under Texas law, though they may have rights in other legal contexts. If none of the eligible family members files a claim within three months of the death, the deceased person’s estate may file on behalf of the beneficiaries.
A related claim — the survival action — can be brought on behalf of the deceased person’s estate to recover for the pain and suffering the deceased experienced before death, and for other losses the estate sustained. Wrongful death claims and survival actions are often brought together.
Compensation Available in a Texas Wrongful Death Case
Funeral and Burial Expenses
The immediate costs of funeral arrangements and burial or cremation.
Lost Financial Support
The income and financial contributions the deceased would have provided to the family over their expected lifetime.
Loss of Companionship and Society
Compensation for the loss of the love, comfort, companionship, and guidance the deceased provided — particularly significant for surviving spouses and minor children.
Mental Anguish
The emotional suffering of surviving family members resulting from the loss.
Medical Expenses Before Death
If the deceased survived for any period before dying, the family can recover the medical expenses incurred during that time.
Punitive Damages
In cases involving gross negligence or intentional conduct, Texas law may allow for exemplary damages designed to punish the responsible party.
Texas Wrongful Death Statute of Limitations — Two Years
Handling Wrongful Death Cases With the Care Your Family Deserves
We understand that reaching out to an attorney in the aftermath of losing a loved one is incredibly difficult. Our attorneys handle wrongful death cases with the discretion and sensitivity these situations require — while also pursuing the responsible parties with the full force of our litigation capabilities. Founding partner Daren Brown has handled wrongful death cases arising from car and truck accidents, workplace injuries, and other incidents across the Texas Panhandle, and he brings the same preparation and intensity to these cases that he brings to every matter our firm handles.
We work to take the legal burden off surviving families so they can focus on what matters most. We handle the investigation, the evidence preservation, the demand process, and the litigation — and we keep our clients informed at every step without unnecessary complexity. When we represent a family in a wrongful death case, we take that responsibility seriously.
Wrongful Death Questions — Answered
How long do I have to file a wrongful death claim in Texas?
Two years from the date of death under Texas Civil Practice & Remedies Code § 16.003. Contact an attorney as soon as you are able — while we understand that grieving families cannot always act immediately, waiting too long can permanently affect your rights.
Can I file a wrongful death claim if my loved one was partly at fault for the accident?
Potentially yes. Texas follows a modified comparative fault rule. As long as the deceased was not more than 50% at fault, the family can still recover compensation — reduced by the percentage of fault assigned to the deceased. The defendant will likely argue for maximum fault assignment to the deceased to minimize the recovery, which is why experienced legal representation matters.
How much does it cost to hire a wrongful death attorney in Amarillo?
You pay nothing upfront. Wrongful death cases at Stockard, Johnston, Brown, Netardus & Doyle are handled on a contingency fee basis, which means you owe no attorney’s fees unless we recover compensation for your family. The initial consultation is free, and we advance the costs of building your case. Our fee is a percentage of the recovery, agreed to in writing before we begin, so your family can pursue justice without adding financial strain during an already difficult time.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is brought by eligible surviving family members for their own losses — loss of financial support, companionship, and mental anguish. A survival action is brought on behalf of the deceased person’s estate for losses the deceased experienced before death — including pre-death pain and suffering and medical expenses. Both claims are often brought together in the same lawsuit.
Your Family Deserves Answers and Accountability
If you have lost a loved one because of someone else’s negligence, our attorneys are here to help. Contact Stockard, Johnston, Brown, Netardus & Doyle for a confidential consultation — we will explain your rights, answer your questions, and let you know what options are available to your family.