Losing a family member because someone else acted carelessly or recklessly is devastating. Then, on top of the grief, you’re expected to make legal decisions — often within a tight timeframe — while you’re still processing what happened. If you’re in Lubbock and trying to figure out how to find the right wrongful death attorney, this guide is written specifically to help you understand what you’re looking for, what Texas law requires, and what separates a good fit from a poor one. At Malone Injury Lawyers, we’ve worked with families across West Texas who were exactly where you are right now — confused, grieving, and unsure where to start.

What Is a Wrongful Death Claim Under Texas Law?

Texas defines wrongful death under the Texas Civil Practice and Remedies Code, Chapter 71. A wrongful death claim arises when a person dies because of another party’s wrongful act, neglect, carelessness, unskillfulness, or default. The law allows surviving spouses, children, and parents to bring a claim against the responsible party. Siblings, unfortunately, are not included under Texas statute — a detail that surprises many families.

The estate itself can also file a survival claim, which is separate from the wrongful death action. A survival claim covers damages the deceased person experienced before death — pain, suffering, and medical expenses incurred between the injury and the time of death. These two claims often run together, and both require careful handling.

Texas imposes a two-year statute of limitations on wrongful death claims. That clock generally starts on the date of death. Missing it means losing the right to sue, with very limited exceptions. This is why calling an attorney sooner rather than later matters — not because of pressure tactics, but because gathering evidence, identifying defendants, and building a case takes real time.

Common Causes of Wrongful Death Cases in West Texas

Wrongful death claims in the Lubbock area tend to arise from several recurring situations. Car accidents — including those on I-27, US-84, and the Loop — account for a significant share. Truck accidents are especially common given the heavy commercial traffic moving freight across the South Plains. Oilfield and workplace accidents also generate wrongful death claims in this region, given the active energy sector in West Texas.

Other cases come from premises liability situations — deaths caused by dangerous property conditions — as well as product liability claims involving defective equipment or vehicles. Medical malpractice cases are another category, though they carry their own procedural requirements under Texas law, including the need for an expert report within 120 days of filing suit.

Understanding what type of case you have matters because it affects who the defendants are, what evidence needs to be preserved, and what damages may be available.

What Damages Can a Wrongful Death Claim Recover?

Texas law allows surviving family members to seek several categories of damages. These include the monetary value of what the deceased would have contributed to the household, loss of companionship and society (which covers the relationship, love, and support the person provided), mental anguish suffered by the surviving family members, and loss of inheritance — the amount the deceased would have accumulated and eventually passed on.

Funeral and burial expenses can also be recovered. In some cases, where the defendant’s conduct was especially egregious — gross negligence or intentional acts — the court may award punitive (exemplary) damages. Texas does cap exemplary damages under Texas Civil Practice and Remedies Code § 41.008, generally limiting them to the greater of $200,000 or two times economic damages plus up to $750,000 in non-economic damages.

These numbers can shift based on the specific facts, the defendant’s financial situation, and how the case is pursued. A qualified wrongful death lawyer can help you understand what realistic recovery looks like for your family’s situation.

What to Look for in a Wrongful Death Attorney?

Finding the right attorney is not just about credentials. It’s about finding someone who has actually handled wrongful death cases — not just personal injury cases generally — and who is willing to take your case to trial if a fair settlement isn’t offered.

Trial experience matters. Many attorneys settle every case because they don’t want to go to court. Insurance companies know which lawyers will push back and which ones will fold. If an attorney hasn’t taken wrongful death cases to verdict, the other side has more room to lowball you.

Case-specific experience matters. If your family member died in a truck accident, you want an attorney who understands truck accident wrongful death claims specifically — federal trucking regulations, black box data, hours-of-service violations, and how to deal with large motor carriers and their insurers.

Communication matters. Wrongful death cases can take one to three years to resolve. You need a lawyer who returns calls, explains developments in plain language, and doesn’t leave you guessing about what’s happening with your case.

Contingency fee structure. Most wrongful death attorneys in Texas work on a contingency basis — they take a percentage of the recovery and charge nothing upfront. The American Bar Association notes that contingency fee arrangements make legal representation accessible when clients cannot afford hourly rates. Get the fee agreement in writing and make sure you understand what expenses you might still owe if the case settles versus goes to trial.

How to Evaluate Attorneys You’re Considering?

Start by looking up each attorney’s state bar status. The State Bar of Texas maintains a searchable directory at texasbar.com where you can confirm an attorney is licensed and check for disciplinary history. FindLaw and Justia also aggregate attorney profiles with peer ratings and published verdicts in some cases — useful for a first pass.

Ask for references from former clients when you meet with an attorney. A good attorney should be able to connect you with past clients who can speak to how the firm handled their case. Ask specifically about wrongful death cases, not just general injury claims.

Ask about who will actually work on your file. Some firms sign clients and hand them off to junior associates or paralegals. Know upfront whether the attorney you’re meeting will be the one handling your case day to day.

During a consultation, pay attention to how the attorney talks about your case. Someone who gives you a realistic assessment — including the challenges and weaknesses — is more trustworthy than someone who promises a big number without asking any hard questions. Texas wrongful death cases involve real legal complexity, and an honest attorney will tell you that.

Questions to Ask During a Consultation

When you meet with a wrongful death lawyer, come prepared. Here are questions worth asking:

Have you taken wrongful death cases to trial in Texas, and what were the outcomes? How many wrongful death cases have you handled in the last three years? Who will be my primary point of contact? What is your assessment of the strengths and weaknesses of my case? What is the typical timeline for a case like mine? How do you handle cases where multiple parties may share liability?

The Justia legal information library has resources explaining how wrongful death lawsuits proceed through the courts — reviewing that before your consultation can help you ask better questions and understand the answers.

Don’t Wait to Take Action

Families dealing with wrongful death often delay calling an attorney because it feels like focusing on money when they should be grieving. That’s a completely understandable reaction. But waiting has real consequences. Witnesses’ memories fade. Surveillance footage gets erased. Trucking companies and employers conduct their own internal investigations and preserve what helps them, not you. Preserving evidence early is one of the most valuable things an attorney can do for your case.

Under Texas law, the two-year deadline applies strictly in most situations. Some exceptions exist — for instance, if the victim was a minor at the time of death, or if the defendant is a government entity (which may trigger shorter notice deadlines). A qualified wrongful death attorney will identify which rules apply to your situation and make sure nothing gets missed.

Learn more about our team and the experience we bring to wrongful death cases across Texas.

Talk to a Wrongful Death Attorney in Lubbock Today

If you lost a family member because of someone else’s negligence, you deserve honest answers about your legal options. Malone Injury Lawyers handles wrongful death cases throughout West Texas and understands the courts, the defendants, and the insurance companies operating in this region. We don’t charge anything unless we recover for your family.

Contact us to schedule a free consultation, or call us directly at (806)-642-6001. You can also visit our Lubbock office at 3206 140th St #200, Lubbock, TX 79423, United States. We’ll listen to what happened, explain what your options are under Texas law, and tell you plainly whether we think we can help. There’s no obligation and no pressure.

Your family has already been through enough. Let us handle the legal fight.