Losing someone because of another person’s negligence or wrongdoing leaves families in a place no one prepares for. Grief is already overwhelming. Adding legal decisions on top of that, with deadlines, paperwork, and unfamiliar terminology, makes everything harder. Before you sit down with a wrongful death attorney, there are things you can do and understand that will make that first conversation far more productive — and protect your rights in the process.
This 2026 guide is written specifically for families in Lubbock who are trying to figure out where to start. Malone Injury Lawyers works with Texas families through exactly this kind of loss, and the observations below come from real experience handling these cases in West Texas courts.
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Know Who Can Legally File a Wrongful Death Claim in Texas
Texas law is specific about who has the right to file a wrongful death claim. Under the Texas Civil Practice and Remedies Code, Chapter 71, only a surviving spouse, children, or parents of the deceased can bring a wrongful death action. Siblings, grandparents, and extended family members do not have standing under Texas law, regardless of how close the relationship was.
This surprises many families. If multiple eligible parties exist — say, both a surviving spouse and adult children — they can file jointly or separately, but the claim belongs to those specific individuals. The personal representative of the estate can also file if the qualifying family members do not act within three months of death.
Knowing where you stand before your first attorney meeting means the attorney can immediately focus on building the case rather than explaining the basics.
Understand the Statute of Limitations Before You Call
Texas gives wrongful death claimants two years from the date of death to file a lawsuit. That deadline comes from Texas Civil Practice and Remedies Code Section 16.003. Miss it, and you almost certainly lose the right to recover anything, regardless of how strong your case is.
Two years sounds like a long time. It isn’t. Evidence disappears. Witnesses move or forget details. Accident reconstruction experts need time. In cases involving government entities — say, a crash on a state road caused partly by dangerous road conditions — you may face a much shorter notice deadline, sometimes as little as six months under the Texas Tort Claims Act.
If your family member died in a crash involving a commercial truck, the trucking company’s legal team typically begins preserving evidence in their favor within hours. Wrongful death lawyers working for families need to match that pace. Waiting months before contacting an attorney puts you at a real disadvantage.
Gather What You Can Before the First Meeting
You do not need a complete file before calling an attorney. But the more you bring to that first consultation, the faster your attorney can assess the case and advise you honestly.
Useful documents include the death certificate, any police or incident reports, medical records from the treating facility, insurance information for any parties involved, and any written communication you have received from insurers or opposing parties. If your family member was killed in a workplace incident, gather any safety reports or employer correspondence you have access to. If a truck accident was involved, write down everything you remember about the scene, including the trucking company name, license plate numbers, and any witness contacts.
Photographs taken at the scene are particularly valuable. If family members or bystanders took pictures on their phones, preserve those immediately. Do not post them on social media.
Recognize the Range of Cases That Qualify
Wrongful death cases are not limited to car crashes. Texas law defines wrongful death as a death caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity. That definition covers a wide range of situations.
Common wrongful death cases in Lubbock and across West Texas include fatal car and truck collisions, deaths caused by defective products under product liability theories, fatalities at unsafe properties handled through premises liability claims, deaths from construction accidents, and deaths resulting from workplace accidents. Medical malpractice deaths also fall under wrongful death, though those cases carry additional procedural requirements under Texas law, including an expert report deadline.
Knowing the category of your case before you call helps you prepare relevant documents and gives the attorney a clearer starting point.
Understand What Damages Are Actually Recoverable
Texas wrongful death law separates the damages available to surviving family members from those available to the deceased person’s estate. The American Bar Association offers plain-language guidance on the distinction between survival actions and wrongful death claims, which is worth reading before your first meeting.
Surviving family members can seek compensation for mental anguish, loss of companionship and society, loss of the deceased’s earning capacity, loss of care and guidance, and medical and funeral expenses. The estate can bring a separate survival claim for pain and suffering the deceased experienced before death, along with lost wages during that period.
Damages are not capped in most Texas wrongful death cases — unlike medical malpractice cases, which carry specific limits on non-economic damages. An attorney can walk you through what applies to your specific facts, but understanding the general categories in advance helps you have a more grounded conversation.
Know What to Expect From the Attorney, Not Just the Case
Before you hire anyone, ask direct questions. How many wrongful death cases has this attorney actually taken to trial in Texas? What is the fee arrangement? Almost all wrongful death attorneys work on contingency — meaning they take a percentage of any recovery and charge nothing upfront — but you should confirm the percentage and understand what costs might be deducted from the settlement or verdict before that fee is applied.
Ask who will actually handle your case day to day. At some firms, the attorney you meet during consultation hands the file to a paralegal or junior associate. That is not necessarily wrong, but you should know going in. You can learn more about our team and the attorneys who handle cases at our firm before you reach out.
Ask how often the firm goes to trial versus settling. Defendants and their insurers know which attorneys genuinely litigate and which ones settle quickly to avoid the work. That reputation affects settlement offers.
Do Not Talk to the Other Side’s Insurance Company First?
This is where many families make a costly mistake before they ever speak with an attorney. The at-fault party’s insurance company may contact you within days of the death, often offering condolences and asking for a recorded statement. Do not give one.
Insurance adjusters are trained to ask questions that produce answers reducing the company’s liability. A recorded statement made while you are grieving, without legal counsel, can be used against your claim later. According to FindLaw, this is one of the most consistently damaging steps families take before retaining an attorney.
Politely decline any recorded statement requests. You can tell them you have retained or are in the process of retaining legal representation. Texas law does not require you to speak with the opposing insurer before filing a claim.
What the First Conversation With an Attorney Should Cover?
A good wrongful death attorney will use that first consultation to understand the facts of the death, assess who the responsible parties are, identify the applicable insurance coverage and policy limits, and give you an honest opinion about the strength of the case. You should leave the meeting with a clear picture of next steps, not just general encouragement.
If an attorney promises a specific outcome or a dollar amount in that first meeting without knowing the full facts, treat that as a red flag. Experienced wrongful death attorneys can tell you what categories of damages apply and what factors will influence value, but responsible attorneys do not promise numbers before investigation.
Take Action Before the Window Closes
Families dealing with grief are not in a position to move fast, and yet the legal system in Texas has hard deadlines that do not bend for circumstances. The best thing you can do for your family’s financial future is make one phone call before too much time passes.
Malone Injury Lawyers handles wrongful death cases across Lubbock and throughout Texas. Our team is familiar with West Texas courts, local accident patterns, and the practical realities families face here. You can contact us to schedule a free consultation, call us directly at (806)-642-6001, or visit our office at 3206 140th St #200, Lubbock, TX 79423, United States.
There is no obligation in that first conversation — only information that helps you decide what to do next.
Written by Valeri Malone, wrongful death attorney and co-founder of Malone Injury Lawyers, serving clients in Lubbock and across West Texas.
