Irving Wrongful Death Lawyer

Trusted wrongful death lawyers with over 13 years of experience.

At Kelso Law PLLC, our Irving, TX wrongful death lawyer brings 13 years of trial experience to families across the area. Founder Rhiannon Kelso has represented North Texas families through some of the hardest moments in their lives, with a record of taking matters to verdict when insurance carriers refuse fair offers. When you’re ready, contact our firm for a free consultation.

Wrongful Death Lawyer Irving, TX

A wrongful death claim is a civil lawsuit filed by surviving family members when someone dies because of another party’s negligence, recklessness, or intentional conduct. In Texas, the claim is governed by Chapter 71 of the Civil Practice and Remedies Code. The goal is financial recovery for the family, not punishment of the responsible party, though punitive damages are available in some cases.

These claims compensate spouses, children, and parents for losses like lost income, companionship, mental anguish, and funeral costs. The decedent’s estate may also bring a separate survival action for pre-death pain and medical bills.

Types of Wrongful Death Cases We Handle in Irving

Fatal incidents take many forms, and the legal approach changes with each. Our firm investigates the facts, identifies every potentially liable party, and builds claims around the specific circumstances of the death. Some cases turn on traffic data. Others turn on medical records or maintenance logs. Below are the case types we most often see for Irving families.

• Pedestrian accidents. Drivers fail to yield at crosswalks, run red lights near schools, or strike walkers in parking lots and at apartment complexes. With traffic deaths climbing in recent years, evidence preservation matters more than ever. We pull traffic camera footage, vehicle data, and police reports quickly, before any of it gets recorded over.
• Motorcycle accidents. Riders face higher fatality rates because of how exposed they are. We push back against the assumption that the rider was at fault, and we document the actual cause of the collision through scene reconstruction.
• Bicycle accidents. Cyclists struck by drivers in Irving often carry no insurance of their own. Our firm pursues the driver’s policy, the driver’s employer if applicable, and any other available coverage source.
• Rideshare accidents. Fatal Uber and Lyft accidents involve layered insurance. The coverage available depends on whether the app was on, whether a passenger was assigned, and whether the trip was active.
• Dog bites. Texas applies a one-bite framework that creates evidence challenges. We investigate the dog’s history, prior complaints, and the owner’s knowledge of any aggressive behavior.
• Catastrophic injuries. When a victim survives the initial event but later dies from injuries, the claim can include both pre-death pain and suffering and the wrongful death damages owed to the family. We handle both tracks together in one coordinated case.
• Medical malpractice deaths. Anesthesia errors, surgical mistakes, missed diagnoses, and medication mix-ups can prove fatal. These cases require qualified physician witnesses and meet a higher proof standard under Texas law.
• Nursing home neglect. Untreated bedsores, falls, dehydration, and medication errors at long-term care facilities can lead to preventable deaths. Recognizing the signs of elder abuse early helps preserve evidence and prevent further harm.
• Workplace fatalities. Construction falls, equipment failures, and chemical exposure can kill workers on the job. Whether the case proceeds against an employer or a third party, such as an equipment manufacturer or property owner, depends on the coverage structure in place.

Why Choose Kelso Law PLLC for Wrongful Death in Irving, TX?

Trial Experience That Insurers Take Seriously

Our founder has tried more than 25 cases to jury verdict, including an $8 million verdict in a Dallas County premises case. That track record matters at the negotiation table. Insurance carriers know which firms try cases and which firms settle everything that comes through the door. Our Irving personal injury lawyer, Rhiannon Kelso, has tried matters in courts across North Texas, recovering millions of dollars for injured clients and grieving families. She is a member of the Texas Trial Lawyers Association and the Dallas Bar Association, and earned her J.D. from the University of Pittsburgh, where she received the CALI Excellence for the Future Award.

No Cost Unless We Recover

Wrongful death claims should not put more financial pressure on grieving families. Our firm handles these cases on a contingency fee arrangement, with no hourly bills, no upfront costs, and no fee at all unless we secure a recovery. Bilingual service is available in English and Spanish, which matters in a community as diverse as Irving. Whether your family member died in a vehicle crash, a medical setting, or a workplace incident, we can usually tell you within one consultation whether the facts support a viable claim.

Understanding Wrongful Death Cases

Damages, Liability, and Compensation for Wrongful Death Cases

Texas wrongful death law allows surviving spouses, children, and parents to recover for what they actually lost when a family member died. The categories overlap with personal injury but include some unique elements that account for the family’s loss rather than just the victim’s. Damages in a Texas wrongful death case can include:

• Loss of earning capacity and financial support the decedent would have provided
• Loss of companionship, care, comfort, and household services
• Mental anguish and emotional pain experienced by surviving family members
• Loss of inheritance, meaning what the decedent would likely have accumulated and left behind
• Funeral and burial costs
• Pre-death medical expenses recovered through a separate survival action
• Punitive damages in cases of gross negligence

Liability requires proof that another party owed the decedent a duty, breached it, and that the breach was the proximate cause of death. Comparative fault matters. If the decedent is found more than 50% responsible for the incident, recovery is barred under Texas’s modified comparative fault rule. Identifying every responsible party (driver, employer, property owner, manufacturer) is one of the most consequential early decisions.

Important Aspects of Your Wrongful Death Case

A few legal realities shape every claim. Knowing them early helps families make better decisions while still in the middle of grief and funeral planning.

• The two-year statute of limitations starts from the date of death, not the date of the underlying injury
• Only specific family members can bring the claim, including surviving spouses, children (including adult children), and parents
• A separate survival action covers what the decedent could have recovered if they had survived, and it belongs to the estate
• Texas caps non-economic damages in medical malpractice wrongful death claims at amounts set by statute
• Some defendants, such as government entities, are protected by sovereign immunity rules with much shorter notice deadlines, sometimes as short as six months

Wrongful Death Case Timeline

Every case moves at its own pace, but the arc is fairly consistent. Most claims resolve within 12 to 24 months. Serious medical malpractice or commercial trucking cases can take longer because of the depositions and qualified witness work involved.

• Initial investigation and evidence preservation in the first 30 to 90 days
• Medical and economic damages calculation, often involving life expectancy and earnings projections
• Demand letter and pre-suit negotiations with insurance carriers
• Lawsuit filing if no fair settlement is reached
• Discovery, depositions, and court-ordered mediation
• Trial preparation and verdict, or final settlement

Settlement is possible at any point along this path. Carriers often move once they see a firm actually preparing the case for trial. We also caution families about speaking with insurance adjusters before any settlement discussion has been formally opened.

What to Bring to Your Wrongful Death Consultation

You don’t need a complete file to meet with us. We can help track down most documents through subpoenas and records requests. Anything you have on hand, though, makes the first conversation more useful.

• Death certificate and autopsy report if available
• Police report, incident report, or any hospital records
• Photos, video, and witness contact information
• Pay stubs, employment records, and recent tax returns showing the decedent’s earnings
• Insurance information for any party involved or any policy the decedent held

Our consultations are free, and there is no obligation when you meet with our Irving wrongful death lawyer. Most families leave with a clearer sense of whether a claim is realistic and what the path forward looks like.

Texas Legal Resources for Wrongful Death

For families who want to read the law directly or find official information, the resources below are useful starting points. None of these replaces a conversation with a lawyer, but they can answer general questions about how Texas handles these cases.

• Texas CPRC Chapter 71. The wrongful death and survival statutes, including who may file and what damages are available.
• Texas CPRC Section 16.003. The two-year statute of limitations that applies to most wrongful death claims.
• TxDOT crash records. Fatality data and how to request a crash report after a fatal collision.
• CDC mortality data. Leading causes of preventable death in the United States.
• Texas Vital Statistics. Death certificates and related vital records.

Reach Out to Kelso Law PLLC to Schedule a Consultation

Losing a loved one to negligence leaves families with questions that don’t have easy answers. We can help sort through them. At Kelso Law PLLC, our wrongful death attorneys offer free, confidential consultations with no obligation attached. We will listen, explain your options under Texas law, and tell you honestly whether you have a case worth pursuing. Contact us today to work with our Irving wrongful death lawyer!