What happens next
- Review the circumstances of the death, investigation status and family relationships. If an estate has been opened, identify the personal representative.
- Distinguish the family’s losses from claims the deceased could have brought for harm suffered before death. Gather evidence relevant to each.
- Discuss the proper parties, potential claims and whether probate documents or coordination with an ongoing investigation will be needed before negotiations or litigation.
Timing and deadlines
Texas generally measures the two-year wrongful-death filing period from the date of death. The estate’s separate claim can involve a different calculation. Governmental defendants and health care claims can require earlier steps.
Costs and payment
Ask how expert work, obtaining records and any separate probate work would be billed. Request a written explanation of deductions before discussing how settlement proceeds might be distributed.
How to prepare
- Bring the death certificate if available, names of surviving relatives and any probate appointment papers.
- Collect medical and funeral bills, earnings records and examples of support or services your loved one provided.
- Bring incident numbers, investigative contacts and letters from insurers.
Questions and answers
Can an adult child call about a parent’s death?
Yes. Texas names the surviving spouse, children and parents as wrongful-death beneficiaries. Counsel will identify everyone who may be included, the proper person to bring the claim and any separate estate representative.
Do we have to finish probate before speaking with a lawyer?
You can call while appointments and records are pending. Tell counsel who has authority to act, if anyone, and which papers are outstanding so deadlines can be reviewed promptly.
What is the difference between the family’s claim and a survival claim?
A Texas wrongful-death claim addresses losses to eligible surviving relatives. A survival claim preserves a claim the person who died could have pursued. Counsel can identify who has authority to bring each claim and what evidence is relevant to each.
The funeral bill and household income were paid by different people. What records help?
Keep receipts showing who actually paid each expense, plus records of household income, support and services the person provided. A calendar of caregiving, school pickups or assistance to relatives can help explain losses that pay stubs cannot show.
An insurer offered to pay funeral expenses. What should I look for in the paperwork?
Ask for the entire offer and any release in writing. Identify who is asked to sign, in what capacity, which claims it covers and whether it affects other relatives or the estate. Have the documents reviewed before agreeing to the terms.
Let’s talk about your next step.
You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.