10/16/2026
When the law says your family has rights, it means a specific set of rights with a specific deadline, and most Fort Worth families don't learn that until it's almost too late.
Here's a pattern we see too often. A family loses someone on I-35W or the Chisholm Trail Parkway. A spouse, a parent, a child. The grief is overwhelming, the insurance company calls within days offering what sounds like help, and months pass before anyone tells the family what the Texas wrongful death statute actually says. Chapter 71 of the Texas Civil Practice and Remedies Code gives only three categories of people the legal right to file a claim: the surviving spouse, children, or parents of the person who died. Siblings, grandparents, and other close family members do not have standing, no matter how deep the loss.
What most families also don't know: the two-year clock starts on the date of death, not the date of the accident. And in cases involving a drunk driver convicted of a felony DWI, Texas law opens the door to exemplary damages, meaning the at-fault party can be held accountable for more than just economic losses.
There is also a companion claim called a survival action, which recovers what your loved one suffered before they died. These two claims work together, but they require different evidence and different legal strategies.
Brad Parker has represented injured Texans since 1985 and is Board Certified in Personal Injury Trial Law. His approach is grounded in hard work, thorough preparation, and helping families understand their rights and options during an incredibly difficult time. If your family has questions after losing a loved one, Parker Law Firm Injury Lawyers is here to help you understand what may come next.
Parker Law Firm Injury Lawyers. **(817) 502-9210.**
