Abilene Wrongful Death Attorneys
Losing a loved one is a heartbreaking experience, but learning that their death was entirely preventable—caused by another party’s negligence, reckless driving, or corporate corner-cutting—compounds grief with profound anger and confusion. Beyond the unbearable emotional shock, families are suddenly forced to deal with unexpected funeral costs, lost financial support, and a chaotic future.
During this painful time, surviving family members deserve answers, justice, and financial security. While no lawsuit can bring back a cherished family member, filing a civil claim holds wrongdoers accountable and protects your family's financial stability.
At Hilliard Law, our dedicated trial team stands up for grieving families in Abilene, Taylor County, and across West Texas. As a nationally recognized Texas trial firm, we bring decades of courtroom experience, deep financial resources, and aggressive advocacy to take on insurance corporations, trucking companies, and negligent entities. If you lost a spouse, parent, or child, our firm is prepared to guide you through the legal process with compassion and determination.
Contact us today at (866) 927-3420 to let our Abilene wrongful death attorneys help your family during this difficult time.
What is Wrongful Death?
Under the Texas Wrongful Death Act (Texas Civil Practice and Remedies Code Chapter 71), a wrongful death occurs when a person dies as a result of the "wrongful act, neglect, carelessness, unskillfulness, or default" of another individual or entity.
Essentially, if the deceased person would have had the legal right to file a personal injury lawsuit had they survived the incident, their estate and qualifying family members hold the right to pursue a wrongful death claim. Common incidents that lead to wrongful death lawsuits in Abilene include:
- Commercial Trucking & 18-Wheeler Crashes: High-speed collisions along I-20 or Winter's Freeway caused by fatigued, distracted, or speeding semi-truck drivers.
- Severe Motor Vehicle Collisions: Drunk driving, distracted driving, or street racing crashes on Taylor County roads.
- Industrial & Oilfield Disasters: Rig explosions, trench cave-ins, equipment failure, and toxic gas leaks in West Texas industrial sectors.
- Medical Malpractice: Surgical errors, delayed cancer diagnoses, medication overdoses, or birth injuries occurring in hospital settings.
- Defective Products & Auto Defects: Vehicle fires, roof crushes, tire blowouts, or dangerous consumer products.
- Negligent Security & Fatal Assaults: Violent crimes facilitated by inadequate security, broken lighting, or missing locks at apartment complexes or commercial venues.
Texas Wrongful Death Laws You Need to Know
Navigating a fatal injury claim in Texas requires a thorough understanding of state statutory requirements:
Statute of Limitations
In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person's death. Missing this strict statutory deadline usually results in permanently forfeiting your family's right to pursue financial compensation in court.
Distinguishing a Wrongful Death Claim from a Survival Action
Texas law allows surviving family members to pursue two distinct types of legal actions following a fatal accident:
- Wrongful Death Claim: Filed directly by statutory beneficiaries to recover compensation for their own personal losses resulting from the loved one's passing (such as lost future income, loss of companionship, and mental anguish).
- Survival Action (Texas Civil Practice and Remedies Code § 71.021): Filed on behalf of the deceased person's estate to recover damages the deceased person suffered prior to passing—such as medical expenses incurred between the injury and death, property damage, and physical pain and suffering endured before death.
Who Can File a Wrongful Death Lawsuit in Texas?
Unlike some states, Texas strictly limits who is legally permitted to bring a wrongful death claim. Under the Texas Wrongful Death Act, only the following immediate family members may file:
- The Surviving Spouse: Including lawful and common-law spouses under Texas law.
- Biological and Adoptive Children: Including adult children and legally adopted children.
- Surviving Parents: Biological or adoptive parents of the deceased.
Relatives Who Cannot File
Under Texas law, siblings, grandparents, aunts, uncles, and unmarried domestic partners are not permitted to file a wrongful death lawsuit, regardless of their closeness to the deceased.
The 3-Month Rule for Estate Representatives
If the surviving spouse, children, or parents do not file a wrongful death claim within three calendar months of the date of death, the executor or administrator of the deceased person's estate must file the lawsuit on the family's behalf—unless all qualifying family members explicitly request that the claim not be brought.
Taylor County Courts and Wrongful Death Litigation
Filing a wrongful death suit in Abilene requires navigating local judicial procedures within Taylor County. Depending on the nature of the claim, case values, and jurisdictional requirements, cases are litigated in:
- Taylor County District Courts: Major civil suits involving catastrophic claims, commercial truck crashes, oilfield disasters, and product liability cases exceeding county court limits are heard in the 42nd, 104th, and 350th Judicial District Courts in Abilene.
- Federal Court (U.S. District Court for the Northern District of Texas - Abilene Division): Wrongful death lawsuits involving parties from different states (diversity jurisdiction) or federal law violations are frequently litigated in the Abilene federal courthouse.
Hilliard Law brings extensive experience handling complex civil litigation in state district courts and federal jurisdictions across Texas.
Compensation Available for Wrongful Death
While no monetary award can compensate for the loss of a family member, civil damages provide essential financial support to help surviving families carry on. Beneficiaries may seek recovery for both economic and non-economic damages:
Economic Damages (Financial Losses)
FREQUENTLY ASKED QUESTIONS real questions. Real answers.
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Can I still file a lawsuit if I was partially at fault for the accident?
It depends on the jurisdiction and the concept of comparative negligence. In some places, you can still recover damages even if you were partially at fault, but the amount may be reduced.
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How long does a personal injury lawsuit take?
The duration varies depending on factors such as the complexity of the case, negotiations, and court schedules. Some cases may be resolved in a few months, while others can take several years.
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Will my case go to trial?
Many personal injury cases are settled out of court through negotiations. However, if a fair settlement cannot be reached, your case may proceed to trial.
Real Results Real Justice
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Record-Setting$575Wrongful Death
Million Settlement*Hilliard Law attorneys represented numerous injury victims and the families of those killed in accidents caused by GM’s defective ignition switch and their concealment of safety defects.
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$310Wrongful Death
Million VerdictHilliard Law attorneys secured a $310 million verdict against “Funtime” Handelsgesellschaft M.G.H., the manufacturer of the defective Orlando FreeFall attraction at ICON Park, for the family of Tyre Sampson.
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$50Class Action
Million Settlement*Mr. Hilliard was the lead class counsel in Haese v. H&R Block, a class action lawsuit involving every Texan who received a rapid refund from H&R Block (approx. 300,000 plaintiffs). He assisted other class counsel in forcing H&R Block to disclose it received kickbacks for arranging loans between its tax preparation clients and predatory lenders.
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$50Wrongful Death
Million SettlementIn September 2021, Hilliard Law attorneys secured a $50 Million settlement for the family of a man who died in a commercial trucking accident.
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$33Traumatic Brain Injury
Million VerdictThe Hilliard Law trial team won a $33M product liability case against a golf-car company, involving a golf cart that tipped over on a child causing a severe traumatic brain injury.
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$33Work Injury
Million AwardWith the representation of Hilliard Law, two delivery drivers who were shot while completing a delivery were awarded $33 million through an arbitration panel.
Frequently Asked Questions
Here are several FAQs about wrongful death claims:
How is a wrongful death settlement divided among surviving family members in Texas?
If a wrongful death claim settles out of court, the proceeds are divided among the surviving spouse, children, and parents based on their agreed-upon proportions or evaluated individual losses. If a case goes to trial, the jury determines the specific dollar amount awarded to each eligible family member based on their individual relationship and proven losses.
What if the person who caused the death faces criminal charges?
Criminal charges and civil lawsuits are separate legal matters. A criminal trial seeks to penalize an offender with prison time or fines paid to the state, whereas a civil wrongful death suit seeks financial compensation directly for the victim's family. You can file a civil wrongful death lawsuit regardless of whether criminal charges were brought, dismissed, or resulted in an acquittal.
What happens if the deceased person did not have a will?
A will is not required to file a wrongful death lawsuit. Under the Texas Wrongful Death Act, statutory beneficiaries (surviving spouse, children, and parents) retain the right to bring a claim regardless of estate planning documents.
How much does it cost to hire an Abilene wrongful death lawyer at Hilliard Law?
We operate on a contingency fee basis. You pay no upfront retainers, hourly legal fees, or out-of-pocket litigation costs. We only collect a fee if we successfully recover a financial settlement or jury verdict for your family.
Why Choose Hilliard Law for Your Abilene Wrongful Death Claim?
Wrongful death litigation requires a law firm with both empathy for the family and the strength to take on powerful corporate defendants. Insurance companies and defense attorneys often act quickly to limit their payout obligations. Hilliard Law balances the playing field.
- Unrivaled Trial Leadership: Led by double board-certified trial attorney Bob Hilliard, our firm has tried over 150 jury cases and recovered hundreds of millions of dollars for accident victims and surviving families.
- Record-Setting Recoveries: We have secured landmark verdicts and settlements nationwide in complex wrongful death, product liability, and commercial trucking cases, including a $310 million jury verdict and multiple $50 million+ wrongful death settlements.
- Comprehensive Investigation: We act immediately to secure critical evidence, examine police logs and electronic data, interview key witnesses, and consult industry experts to build an unassailable case.
- No Upfront Costs: We handle wrongful death claims on a contingency fee basis. You pay no out-of-pocket legal fees or retainers unless we successfully recover financial compensation for your family.
It’s our mission to hold the powerful accountable for their wrongdoing. Reach out to our team immediately regarding your case to schedule a free attorney consultation today.