Athens Wrongful Death Lawyer

Losing a family member in a highway crash, a workplace accident or another preventable tragedy is devastating. Nothing can undo that loss, but Texas law gives families in Athens and Henderson County the right to hold the people and companies responsible accountable, and to recover the support their loved one would have provided.

For 45 years, Roberts & Roberts has helped East Texas families hold negligent drivers, trucking companies, employers and manufacturers accountable after a death. Several of our attorneys are board certified by the Texas Board of Legal Specialization. See what we have recovered for clients on our verdicts and settlements page.

Call (903) 597-6000 for a free, confidential consultation. You pay no attorney’s fee unless we recover money for your family, and we will meet you at home in the Athens area.

Free Consultation

Fatal Accidents in Henderson County

Fatal crashes in Henderson County often happen on US 175, SH 31 and SH 19, where highway speeds meet heavy trucks, lake traffic and rural intersections. Families here also lose loved ones in boating accidents on Cedar Creek Lake and Lake Palestine, in workplace incidents, and because of defective products and dangerous property conditions.

In 2025 alone, 15 people died in traffic crashes in Henderson County, according to Texas Department of Transportation crash data. Behind each of those numbers is a family facing funeral costs, lost income and a loss no amount of money can repair.

Who Can File a Wrongful Death Claim in Texas?

Texas’s wrongful death statute (Chapter 71 of the Civil Practice and Remedies Code) limits who can bring a claim:

Surviving Spouse

A husband or wife may file a wrongful death claim.

Children

Children of the person who died, including adult children and legally adopted children, may file.

Parents

Parents of the person who died may file, including when the person who died was an adult.

Estate Representative

If no family member files within three months of the death, the executor or administrator of the estate may file, unless all eligible family members ask that no claim be brought.

Brothers, sisters and grandparents are not eligible to bring a wrongful death claim in Texas. Separately, the estate may bring a survival claim for what the person who died suffered before death, such as medical bills and conscious pain.

Deadlines for Texas Wrongful Death Claims

Most wrongful death claims must be filed within two years of the date of death. Claims against a city, county or state agency are different: the Texas Tort Claims Act requires written notice within six months of the incident, and some city charters require notice even sooner. Evidence such as vehicle data, video and witness memories also fades quickly, so it is best to talk with a lawyer as soon as your family is ready.

Damages Available to Families

Lost Financial Support

The income, benefits and support your loved one would have provided over the rest of their life.

Loss of Companionship

The love, comfort, companionship and society of a spouse, child or parent.

Mental Anguish

The grief and emotional pain that family members suffer because of the death.

Loss of Inheritance

What your loved one would likely have saved and left to the family.

Medical and Funeral Expenses

Recovered through the estate’s survival claim, along with the pain your loved one experienced before death.

Exemplary Damages

When a death is caused by a willful act or gross negligence, Texas law allows punitive damages in addition to actual damages.

How Our Athens Wrongful Death Lawyers Help

We handle the legal work so your family can focus on each other. That includes:

Investigating what happened, including accident reconstruction when needed
Preserving evidence such as truck data, video, phone records and maintenance files
Identifying every responsible party and every insurance policy
Working with economists to measure lost support and future losses
Coordinating with any probate or estate proceeding
Negotiating with insurers and taking the case to trial if they will not be fair

Where Your Case Is Handled

Truck accident lawsuits arising in Henderson County are usually filed in one of the district courts at the Henderson County Courthouse in Athens, including the 173rd and 392nd District Courts. Some cases against interstate carriers can be filed in or moved to federal court. Most cases resolve through settlement, but we prepare every case as if it will go to trial.

Our lawyers work from offices in Tyler, Longview and Dallas. Athens is about 35 miles west of our Tyler office. We will meet your family at home or wherever is most comfortable, at no cost.

Wrongful Death Questions

How much does it cost to hire a wrongful death lawyer?

Nothing up front. We work on a contingency fee, which means we are paid only if we recover money for your family.

Can we still file if our loved one was partly at fault?

Yes, as long as your loved one was not more than 50 percent responsible. The recovery is reduced by their percentage of fault.

What is the difference between a wrongful death claim and a survival claim?

A wrongful death claim compensates the surviving family for their own losses. A survival claim belongs to the estate and covers the losses the person who died suffered before death, such as medical bills and conscious pain.

Do we need to open an estate first?

Not always. Family members can file the wrongful death claim directly. A survival claim is usually brought by the estate representative, and we can help coordinate that process.

Talk to a Athens Wrongful Death Lawyer

If your family lost someone because of another person’s carelessness in or around Athens, call Roberts & Roberts at (903) 597-6000 or contact us online. The consultation is free and confidential.