Lubbock Wrongful Death Lawyer
Hire a Top-Rated Lubbock Wrongful Death Attorney Today
I’m James Perrin, a wrongful death lawyer based right here in Lubbock and the founding attorney of Perrin Law PLLC. For over 20 years, I’ve been helping families throughout West Texas seek justice after tragic and preventable losses. Lubbock isn’t just where I work—it’s home. This is the community I care about, and where I fight for my clients in and out of the courtroom.
When you hire me, you work with me. I move quickly to get the facts, explain your options clearly, and make sure you’re never left in the dark. I take on a select number of cases so I can give each one the attention it deserves—building a strong foundation for a fair settlement or taking it to trial if needed.
If you’ve lost someone and don’t know where to turn next, I’m here to help. Let’s talk—your consultation is free.
What Is Considered a Wrongful Death in Texas?
In Texas, a death is considered “wrongful” when it’s caused by someone else’s negligence, recklessness, or intentional actions. If your loved one could have filed a personal injury claim had they survived, the law allows certain family members to bring a wrongful death claim instead.
These tragedies can happen in countless ways. A distracted or drunk driver veers out of their lane and causes a deadly crash. Trucking companies that push drivers past legal limits set the stage for fatigue-related collisions. Property owners who ignore safety—like missing handrails or unlit stairwells—create deadly hazards. Even defective products can be to blame, from airbags that fail to deploy to overheating batteries and malfunctioning medical devices.
In the workplace, something as basic as a missing guardrail or skipped safety step can turn a routine job into a fatal one. And in some cases, wrongful death claims involve intentional harm, including assault.
If you’re unsure whether what happened meets the legal definition of wrongful death in Texas, I’m here to walk you through it. I’ll review the facts, explain your options clearly, and give you an honest view of what comes next.
Who Can File a Wrongful Death Claim in Texas?
Texas law creates two legal paths after a preventable death—and I often pursue both.
The wrongful death claim belongs to the surviving family. It’s meant to compensate for what you have lost: the grief, the loss of companionship, the emotional support and guidance your loved one would’ve provided.
The survival action is different. It continues the personal injury claim your loved one could have brought if they had survived. This claim belongs to the estate and covers their damages—like medical bills, lost income between the injury and death, and any pain and suffering they endured.
These claims don’t cancel each other out. They move forward together, each addressing a different part of the loss—and together, they help ensure full accountability.
Eligible Family Members
Texas law limits who can file a wrongful death claim to a specific group: spouses, children, and parents of the deceased. That includes legally adopted children and parents, adult children, and common-law spouses—if the marriage can be proven. Stepchildren and other relatives generally aren’t eligible unless a legal adoption took place. Siblings are not allowed to file a wrongful death claim in Texas.
If none of the eligible family members file a claim within three months of the death, the executor or administrator of the estate can step in and file on the family’s behalf—unless every eligible family member objects. I guide my clients through this process from day one, making sure the correct party is in place and deadlines are met.
Role of the Estate in a Survival Action
A survival action is different from a wrongful death claim—it belongs to the estate and focuses on the losses your loved one suffered before passing away. Think of it as your loved one’s personal injury claim carried forward.
Damages may include:
- Medical expenses
- Lost wages between injury and death
- Property damage
- Conscious pain and suffering
These damages don’t go to the family directly. Any recovery from a survival action is paid to the estate and then distributed according to your loved one’s will—or, if there’s no will, according to Texas intestacy laws.
As your Lubbock wrongful death lawyer, I’ll help evaluate both claims and move them forward together to pursue every dollar your family is owed.
What Damages Can Be Recovered in a Wrongful Death Case?
Texas law allows families to recover for both the financial impact of a loved one’s death and the personal toll it takes. A wrongful death case focuses on the harm you have suffered as surviving family members. Your loved one’s own damages—like medical bills, lost wages between injury and death, and pain and suffering—are handled separately through a survival action. I help clients understand how these two claims work together and make sure nothing is overlooked.
Economic and Non-Economic Damages
Economic damages cover the tangible losses that come after a death. That includes funeral and burial costs, the income and benefits your loved one would have provided, and the value of services they handled at home. In some cases, I also seek loss of inheritance—when supported by the evidence.
Non-economic damages speak to the heart of the loss. Texas allows recovery for the loss of companionship, guidance, and emotional support, as well as the mental anguish that follows a sudden, preventable death. These are real losses, even if they can’t be measured on paper. As your Lubbock wrongful death lawyer, I work with experts—and those who knew your loved one best—to tell the full story of what’s been taken from your family.
Punitive Damages in Texas
In certain cases, the conduct behind a wrongful death goes beyond negligence. When gross negligence or willful misconduct is involved—like extreme intoxication, reckless behavior, or intentional harm—punitive damages (also called exemplary damages) may apply.
These damages are meant to punish and deter, not just compensate. They’re not awarded in every case, and the legal standard is higher—but when the facts support it, I pursue them fully to hold the wrongdoer accountable.
If we work together, I’ll carefully evaluate every potential category of damages in your case, walk you through the evidence we’ll need, and fight for a result that truly reflects the depth of your family’s loss.
How Long Do You Have to File a Wrongful Death Claim in Texas?
Timing matters. The law gives your family a limited window to act, and missing it can end the case before it begins. Moving quickly also protects evidence—vehicles get repaired, scenes change, and digital data is overwritten. As your Lubbock wrongful death attorney, I start preservation steps immediately and track every legal deadline for you.
Texas Statute of Limitations
In most cases, you have two years from the date of death to file a wrongful death lawsuit in Texas. This clock generally starts on the day your loved one passed, not the date of the incident if those differ. If you file after the deadline, the court can dismiss the case and insurers will stop negotiating. To avoid that result, I prepare the claim well before the cutoff and file when strategy and timing align. If you are searching for the wrongful death statute of limitations in Texas, this two-year rule is the starting point.
Exceptions and Special Circumstances
Some situations can pause or shift the deadline. If the person entitled to file is a minor—such as a child who lost a parent—the two-year clock generally doesn’t start until that child turns 18 (a parent or guardian can still file sooner on the child’s behalf). In rare cases, a delayed discovery of the cause of death or fraudulent concealment by a defendant can extend the deadline.
Claims involving a government entity add extra steps: most require written notice within six months (some local governments set shorter notice periods), and missing notice can bar the claim even if the lawsuit is timely. In addition, Federal claims have their own administrative rules. A pending criminal case does not stop the civil deadline from running.
Common Causes of Wrongful Death in Lubbock
Too many lives are lost in Lubbock because someone—whether a driver, employer, property owner, or company—chose to ignore basic safety rules. These aren’t just accidents. They’re preventable tragedies caused by decisions that put others at risk.
When families come to me, they’re often overwhelmed and searching for answers. I take the time to investigate what happened, identify every party responsible, and build a case grounded in clear, honest evidence. You deserve accountability, and I’m here to help you pursue it.
Fatal Car Accidents
As a wrongful death lawyer in Lubbock, I’ve seen the heartbreak families face after a fatal crash—and too often, the patterns behind these tragedies are the same: distracted driving, excessive speed, or driving under the influence. In these moments, families deserve more than assumptions. I move quickly to secure critical evidence, like phone records, event data, and traffic footage, before it disappears. Vehicles get repaired. Video gets overwritten. Preserving the truth early on can make all the difference.
Some of the most common causes include:
- Texting, streaming, or using apps behind the wheel
- Driving under the influence of alcohol or drugs
- Speeding or running red lights and stop signs
- Failing to yield—especially to pedestrians, cyclists, or motorcycles
Truck and Commercial Vehicle Crashes
Losing a loved one in a crash with an 18-wheeler or work truck is devastating—and these cases are different from regular car accidents. They involve powerful vehicles, complex regulations, and companies that often move quickly to protect themselves.
That’s why I act fast to secure critical evidence: electronic logging device (ELD) data, maintenance records, and dispatch logs. I also dig into the company’s hiring, training, and oversight practices to find out if they put an unfit or unprepared driver behind the wheel. Both the driver and the trucking company must be held to the safety rules that protect everyone on the road.
Common causes of these deadly crashes include:
- Driver fatigue from illegal hours or falsified logbooks
- Overloaded or improperly secured cargo causing rollovers or jackknifes
- Poor maintenance—like worn brakes, bald tires, or broken lights
- Unsafe turns or failure to check blind spots before changing lanes
If a trucking company’s shortcuts cost your family everything, I’ll help you hold them accountable—with facts, urgency, and a clear plan for justice.
Workplace or Oilfield Accidents
West Texas job sites and oilfields run on tight schedules; shortcuts kill. I examine contractors, site owners, and equipment makers, gather OSHA materials, and compare actual practices to written safety plans. We pursue every third-party claim the facts support.
Common causes include:
- Falls from heights, missing guardrails, or faulty scaffolding
- Lockout/tagout failures that lead to electrocution or crushing injuries
- Struck-by accidents involving cranes, forklifts, or heavy pipe
- Explosions, fires, or exposure to toxic substances
Defective Products or Equipment
Some deaths start with a defect in design, manufacturing, or warnings. I retain engineers, test components, and map the supply chain so liability doesn’t stop at the retailer. When the product fails a safety rule, we show it.
Examples include:
- Vehicle defects: airbags, brakes, seatbelts, or fuel systems
- Lithium-ion battery fires in tools, e-bikes, or consumer products
- Industrial machinery missing guards, sensors, or fail-safes
- Medical devices or medications with hidden risks
Medical Malpractice
Medical care must meet accepted standards. I obtain full records, consult independent specialists, and separate known complications from preventable errors. The goal is to prove how the breach caused the death and what the loss means for the family.
Some of the most common fatal errors include:
- Missed or delayed diagnoses of stroke, sepsis, or cancer
- Surgical mistakes or objects left behind
- Medication mix-ups or anesthesia errors
- Birth injuries caused by delayed C-sections or poor fetal monitoring
If you need a Lubbock wrongful death attorney to dig in and get answers, I’m here to help.
How a Lubbock Wrongful Death Lawyer Can Help You
When you’re facing the loss of a loved one, legal help should feel personal—not distant or corporate. As a Lubbock wrongful death attorney, I handle your case directly. I take on a limited number of cases so I can give each family the attention and care they deserve. I know our courts, insurers, and experts, and I use that to move your case forward with care and precision. My role is simple: to protect your family, pursue accountability, and fight for the outcome you deserve.
Investigating the Incident
I move fast to secure evidence before it disappears. That includes preservation letters, scene inspections, vehicle “black box” downloads, 911 audio, surveillance footage, autopsy and OSHA records, and complete medical files. I interview witnesses while memories are fresh and retain the right experts—accident reconstruction, trucking safety, human factors, product engineering—so we can explain exactly how the death happened and who is responsible.
Because I live and practice here in Lubbock, I’m familiar with the local agencies, hospitals, and procedures. That helps me cut through red tape, move faster, and build a clear, well-documented timeline to support your case.
Building a Strong Legal Strategy
Investigation guides strategy. I identify every liable party and theory—negligence, gross negligence, or product liability—and decide where to file for the best venue. I calculate damages with economists and medical experts, and I align the wrongful death and survival claims so nothing is missed.
From the start, I map deadlines, plan discovery, and choose the right mediation window. Most importantly, I write the case for a Lubbock jury: clear facts, credible experts, and a damages model that reflects your loss and holds up in court.
Negotiating with Insurance Companies
Insurers respond to leverage and proof. I prepare a demand package with records, expert opinions, and a documented damages analysis—lost earnings, benefits, services at home, and non-economic losses. I search for all available coverage, including excess and UM/UIM policies, and manage medical liens and subrogation. You won’t deal with adjuster tactics; I handle the communications and set firm deadlines. Because I negotiate like the case is headed to trial, carriers understand the risk of saying no.
Taking the Case to Trial, If Needed
Some companies and insurers won’t take responsibility until a jury is watching. If trial becomes necessary, I’m ready to stand with you in court.
I work to seat a fair and impartial jury, file focused motions to keep out misleading evidence, and use clear, compelling visuals, like crash diagrams, timelines, and day-in-the-life videos—to help the jury understand what your family has been through. I question witnesses on the safety rules that were ignored and the decisions that led to the loss. And when it’s time to present damages, I do so with precision and integrity—using realistic, well-supported numbers that reflect the full weight of your loss.
After trial, I continue protecting your verdict through post-trial motions and any appeals. This is where having a Lubbock wrongful death lawyer with real trial experience, and deep knowledge of our local courts, can make all the difference.
Why Choose Perrin Law PLLC Injury & Accident Lawyer
With over two decades of experience representing families in West Texas courts, I know what it takes to win tough wrongful death cases, and how much is at stake for the people left behind. I take every case personally. When you hire my firm, you work directly with me from start to finish, no handoffs, no layers of associates.
I keep my caseload small so I can move fast, keep you informed, and build your case the right way from day one.
Local knowledge matters. As a Lubbock wrongful death attorney, I know our judges, juries, and insurance companies. I also work closely with trusted local experts when needed—whether it’s accident reconstruction, medical testimony, or industry safety practices. Defense lawyers know I prepare every case like it’s going to trial. That reputation alone can help resolve cases faster and on better terms.
You don’t pay unless we win. I work on a contingency-fee basis, which means you owe nothing up front, and no attorney’s fee at all unless I recover compensation for your family.
If you’re looking for a Lubbock wrongful death lawyer who shows up, keeps you in the loop, and fights to the finish, I’m here to talk when you’re ready.
Schedule a Free Consultation with a Lubbock Wrongful Death Attorney
Grief can make everything feel overwhelming—and reaching out to a lawyer may feel like one more weight to carry. I understand. When you contact me, we begin with a calm, pressure-free conversation. I’ll listen to your story, answer your immediate questions, and walk you through the first steps—like what evidence to preserve, which deadlines matter, and what the legal process will look like.
You don’t need to worry about fees just to get clarity. I work on a contingency fee basis, which means you pay nothing up front—and I only get paid if I win your case.
As your Lubbock wrongful death attorney, I’ll handle the legal side so you can focus on your family. That includes preserving critical evidence, dealing with the insurance companies, filing the right paperwork, and making sure no detail gets missed. You’ll get regular updates in plain English, not legal jargon or endless voicemail loops, and I’ll stay accessible and accountable from day one to resolution.
You don’t have to walk through this alone. I’m here to guide the process, protect your rights, and fight for the justice your family deserves.
Injured and need a lawyer you can trust? Contact Perrin Law Injury & Accident Lawyer today for a free, no-obligation consultation. I’m here to help.