Troy Wrongful Death Attorneys 

Experiencing the loss of a loved one due to another person's negligence can be heartbreaking. In families in the Troy area in Texas, a spouse, parent, or child may die, forcing the family to go through agonizing grief as well as face unexpected financial strains such as funeral, hospitalization, and medical expenses from the tragic loss. 



In instances such as these, Scanes Yelverton Talbert LLP can express its grief together with victims while making a thorough investigation of the case involving wrongful death in Texas. These legal experts will check whether anyone is liable for the loss so that the victims can be compensated for the financial losses incurred as a result of their death. 

Understanding Wrongful Death Laws in Texas 

Under Texas Civil Practice and Remedies Code § 71.002, a wrongful death claim may be brought when a person’s death is caused by another person or entity’s wrongful act, neglect, carelessness, unskillfulness, or default. Unlike a criminal case, which focuses on determining criminal responsibility and imposing penalties, a wrongful death claim is a civil action that allows eligible family members to seek compensation for losses resulting from their loved one’s death. 

Who Can File a Wrongful Death Claim in Texas? 

Not every family member is legally entitled to bring a wrongful death claim. Texas Civil Practice and Remedies Code § 71.004 identifies the family members who may pursue a claim, including: 

• Surviving Spouse: The legally recognized husband or wife of the deceased at the time of death. 
• Biological and Adopted Children: Minor and adult children have the right to seek recovery for the loss of a parent. 
• Parents: Both biological and adoptive parents can file a claim for the loss of a child. 

Siblings, grandparents, and unmarried partners are not permitted to file a wrongful death lawsuit under Texas law. If eligible family members do not file a lawsuit within three calendar months of the death, the executor or administrator of the deceased person’s estate must file the claim on behalf of the estate, unless all primary beneficiaries explicitly request otherwise. 

Common Causes of Wrongful Death in Troy and Bell County 

Fatal accidents can happen in many different ways. In Troy, busy highways, commercial traffic, construction projects, and industrial workplaces can all create risks for serious accidents. Our legal team represents families in wrongful death claims arising from a variety of circumstances, including: 

Commercial Trucking and 18-Wheeler Collisions 

Passenger car occupants are seriously at risk due to the high number of commercial tractor-trailer traffic on Interstate 35. Fatal traumatic injuries are frequently the result of collisions involving fully laden freight trucks traveling at highway speeds. 

Motor Vehicle Accidents 

In Bell County, fatal injuries are often caused by motorcycle accidents, pedestrian collisions, high-speed car crashes, and broadside intersection collisions on local roads caused by distracted, intoxicated, or careless drivers. 

Workplace and Industrial Fatalities 

Workers may face significant risks at industrial facilities, farms, warehouses, and other labor sites. Fatal injuries can result from electricity, falls from heights, structural collapses, equipment failures, and exposure to hazardous substances. 

Negligent Property Management and Dangerous Premises 

Real estate owners must address hazardous situations on their property. Poorly maintained sidewalks, dangerous swimming pools, falling objects, or insufficient security can cause serious or fatal accidents. 

Defective Products and Industrial Machinery 

Defective products can have devastating consequences. Faulty safety equipment, vehicle components, heavy machinery, or other products may cause fatal injuries when they are poorly designed, improperly manufactured, or fail to work as intended. 

Types of Damages Recoverable in a Texas Wrongful Death Action 

While no amount of money can replace a loved one, recovering full compensation is essential to securing your family's future stability. Scanes Yelverton Talbert, LLP collaborates with financial experts, life care planners, and economists to calculate the complete scope of your losses. 

Wrongful Death Damages for Surviving Family 

Eligible family members may be able to seek compensation for several types of losses, including: 

• Loss of Financial Support: Compensation may account for the income, wages, benefits, and other financial support the deceased would likely have provided to their family in the future. 
• Loss of Household Services: The monetary value of domestic contributions, childcare, maintenance, and home support provided by the deceased. 
• Loss of Companionship, Love, and Society: Recognition of the deep emotional loss, loss of guidance, protection, and companionship caused by the death. 
• Mental Anguish: Compensation for the intense emotional pain, sorrow, and psychological suffering experienced by surviving family members. 
• Loss of Inheritance: The financial value of assets that the deceased would likely have accumulated and passed on to their beneficiaries. 

Survival Claims 

In addition to a wrongful death claim, Texas law allows for a separate survival claim under Texas Civil Practice and Remedies Code § 71.021. This type of claim allows the deceased person’s estate to pursue certain damages the individual could have sought if they had survived their injuries. Any compensation recovered through the survival claim belongs to the estate and may include: 

• Medical expenses incurred between the time of injury and death. 
• Physical pain and suffering endured by the deceased prior to passing. 
• Funeral and burial costs. 

Exemplary Damages 

In cases where a death is caused by gross negligence, intentional acts, or willful omissions, Texas courts may award exemplary (punitive) damages. These damages serve to penalize the negligent party and deter similar reckless behavior in the community. 

Steps to Take Following a Tragic Loss 

If you have lost a loved one in a sudden accident, there are several steps you can take to preserve important information and protect your legal rights: 

1. Obtain Official Documentation: Obtain copies of available police reports, crash reports, autopsy reports, and other official records related to the accident. 
2. Preserve Physical Evidence: Save medical bills, receipts, photographs, insurance correspondence, and any other documents connected to your loved one’s accident and resulting losses. 
3. Decline Early Insurance Settlement Offers: An insurance company may contact your family soon after the accident with questions or a settlement offer. Consider speaking with an attorney before providing a recorded statement, signing documents, or accepting a settlement. 
4. Consult an Experienced Wrongful Death Attorney: Partnering with a skilled attorney ensures that critical evidence is preserved and that your rights are safeguarded against defense tactics. 

Why Choose Scanes Yelverton Talbert, LLP? 

Pursuing a wrongful death claim requires a law firm with extensive legal expertise, technological resources, and trial experience. Families in Troy can benefit from Scanes Yelverton Talbert, LLP's unique legal advantages: 

• Focused Trial Experience: We approach every case with full courtroom preparation, ensuring insurance carriers recognize our commitment to seeking justice before a jury if necessary. 
• Appellate Expertise: Partner Tyler Talbert is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, ensuring that complex legal motions and trial rulings are protected. 
• Labor and Employment Specialty: Partner Joel Shields is Board Certified in Labor & Employment Law, providing specialized knowledge for complex workplace fatality claims. 
• Personalized Support: We limit our caseload so that every family receives direct, compassionate access to their legal team throughout the entire process. 

Texas Statute of Limitations for Wrongful Death Claims 

In Texas, families generally have two years from the date of their loved one’s death to file a wrongful death lawsuit under Texas Civil Practice and Remedies Code § 16.003. If the family misses this deadline, it may lose the ability to pursue compensation through the courts, although certain exceptions may affect the filing deadline. 

Because building a strong wrongful death claim requires gathering forensic evidence, consulting experts, and reviewing medical records, contacting an attorney as soon as possible is critical. 

Contact Scanes Yelverton Talbert, LLP 

If you have lost a loved one due to someone else's negligence in Troy or Bell County, you do not have to walk this path alone. Scanes Yelverton Talbert, LLP is ready to evaluate your situation, answer your questions, and fight for the justice your family deserves. 

Contact Scanes Yelverton Talbert, LLP today to schedule a consultation with our experienced legal team.