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Wrongful death

Texas is specific about who may bring a wrongful death claim and what a family may recover. Getting the structure right at the outset matters.

2Years from the date of death2Claims: wrongful death and survival2015Texas Bar CLE paper he wrote

Who may bring the claim

Under Texas law the surviving spouse, children and parents may bring a wrongful death action. A survival claim, which belongs to the estate, is separate and covers what the person themselves endured before death. The two are often brought together and are valued differently.

The part that is not paperwork

What the first week decides

Most of what proves a case has a retention window — onboard data, footage, incident reports. Once it closes, the argument becomes one word against another.

Written on, not just practised

David authored and presented continuing legal education material for the State Bar of Texas on wrongful death, and on auto collision litigation. It is an area he has taught to other lawyers.

He knows how the other side values a claim, because that used to be his job.
David Salazar · Founder

What we ask of you

Very little, at first. There is no version of this where paperwork should be your problem. We will tell you plainly whether there is a claim, and if there is not, we will tell you that too.

Free case review

Tell us what happened.

It costs nothing to find out where you stand. Send what you have, and we will tell you honestly whether you have a case, including when you do not.

David Salazar · Founder and trial attorney

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  1. 01

    Tell us what happened

    A few sentences, a photo, a police report — whatever you have. It costs nothing and it is not a commitment.

  2. 02

    We go and get the evidence

    Onboard data, logbooks, surveillance, incident reports. Most of it has a retention window, which is why the first week matters.

  3. 03

    We make them value it properly

    David worked as an adjuster. The file gets built so the other side has to treat it as a trial risk, not a nuisance.

  4. 04

    You decide

    Settle or go to trial. It is your call, made with a straight account of what each road is worth.