At David K. Wilson & Associates, we understand the profound impact of a tragic death on families in Grayson County, as we’ve been standing with them for over 40 years. As a locally rooted law firm, we’ve seen the lasting grief, financial hardship, and emotional toll that wrongful deaths bring to our neighbors and community members. When a loved one’s life is cut short due to someone else’s negligence, families deserve justice, answers, and support. That’s where we come in. 

If you're asking who can file a wrongful death lawsuit in Pottsboro or the greater Grayson County area, this guide will help you understand your rights and what steps you can take. 

What Is a Wrongful Death Lawsuit? 

A wrongful death lawsuit is a civil legal action brought by surviving family members when a person dies due to the negligence, recklessness, or intentional act of another individual or entity. Unlike criminal cases, which seek to punish the wrongdoer, a wrongful death lawsuit seeks financial compensation for the surviving loved ones who are left to bear the emotional and economic burden of the loss. 

Key Elements of a Wrongful Death Case 

To file a wrongful death claim in Texas, certain elements must be present: 

• A person has died. 
• The wrongful act, neglect, carelessness, unskillfulness, or default of another party caused the death. 
• The surviving family members have suffered losses (emotional, financial, etc.) as a result of the death. 
• The deceased could have filed a personal injury claim if they had survived. 

Wrongful death cases can arise from car accidents, workplace incidents, defective products, or even medical malpractice. 

Who Can File a Wrongful Death Lawsuit in Texas? 

Under Texas Civil Practice and Remedies Code § 71.004, only specific individuals are legally allowed to file a wrongful death lawsuit: 

• Spouse (legal or common law) 
• Children (including adult children) 
• Parents of the deceased 

These family members can file the lawsuit individually or together as a group. 

Siblings, grandparents, and other relatives, even if they were close to the deceased, do not have the legal right to file a wrongful death lawsuit in Texas. 

What If the Immediate Family Doesn’t File Within 3 Months? 

If the spouse, children, or parents do not file a wrongful death claim within three months of the death, the executor or administrator of the deceased person’s estate may file the claim on behalf of the estate, unless all of the eligible family members request that no claim be filed. 

This clause is in place to ensure that justice can still be sought, even if family members are too overwhelmed with grief to act immediately. 

Statute of Limitations for Wrongful Death in Texas 

Time matters. In Texas, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. This is known as the statute of limitations. 

Missing this deadline typically means forfeiting the right to seek compensation, regardless of the strength of the case. There are minimal exceptions, such as: 

• The plaintiff is a minor. 
• The defendant committed fraud or concealment.   
• A mental or physical impairment prevented timely filing. 

Even so, it's always best to consult with an attorney as soon as possible to ensure you are filing before the deadlines. 

Common Examples of Wrongful Death Cases 

Wrongful death claims can stem from many tragic and preventable circumstances, including: 

• Car, truck, or motorcycle accidents (including DUI-related crashes) 
• Workplace accidents (especially in construction or industrial jobs) 
• Medical malpractice or surgical errors 
• Defective products or unsafe consumer goods 
• Criminal acts such as assault or homicide 
• Drowning incidents, which are especially relevant in lake areas like Lake Texoma 

Each case is unique, but all share the same core principle: someone else's negligence or wrongdoing caused the loss of life. 

What Damages Can You Recover in a Wrongful Death Lawsuit? 

While no amount of money can truly compensate for the loss of a loved one, Texas law allows survivors to recover several types of damages, including: 

• Lost earning capacity (income the deceased would have provided) 
• Loss of companionship, love, and support 
• Mental anguish and emotional suffering 
• Loss of inheritance   
• Medical bills and funeral expenses 
• Punitive damages in cases of gross negligence or intentional harm 

These damages are intended to help ease the financial strain and honor the value of the life that was lost. 

Why You Need a Local Attorney Who Understands Grayson County 

Wrongful death cases are emotionally heavy and legally complex. Working with an attorney who is familiar with the Pottsboro and Grayson County court systems, insurance tactics, and community values can make all the difference.   

At David K. Wilson & Associates, we've been representing local families for over four decades. We don’t just know the law, we know the people, the roads, and the real-life impact these tragedies have on our neighbors. 

If you’ve lost a loved one due to someone else’s negligence in Pottsboro or the surrounding areas, you don’t have to navigate this painful journey alone. Let David K. Wilson & Associates stand with you. 

We provide compassionate and experienced legal support to families seeking justice through wrongful death claims. Contact us today for a free consultation, and let us help you move forward with strength, clarity, and the support you deserve.