Marshall Wrongful Death Lawyers

Marshall sits where I-20 crosses US-59, and the fatal wrecks here involve the commercial trucks that run both corridors, along with deaths at the industrial and oil and gas facilities and the construction sites around Harrison County. The injured are taken to CHRISTUS Good Shepherd Medical Center Marshall on South Washington Avenue. The Marshall Police Department or the Harrison County Sheriff’s Office writes the crash report. A wrongful-death suit is filed in the Harrison County 71st District Court at 200 West Houston Street, and the estate itself is opened separately in Harrison County Probate Court. Trey Morris Injury Lawyers requests that report and the treatment records from CHRISTUS Good Shepherd, sends preservation demands for the truck’s electronic data and any camera footage along the route, and identifies every driver and company that belongs in the petition.

The law that governs the claim is Texas law and it does not change from county to county. A Marshall wrongful-death claim under CPRC Section 71.002 belongs only to the surviving spouse, children, and parents, and a finding that the deceased was 51% or more responsible under CPRC Chapter 33 means the family recovers nothing. Trey Morris Injury Lawyers files that Chapter 71 claim alongside the Section 71.021 survival action.

Texas Wrongful Death Law: What CPRC Chapter 71 Covers

CPRC

Civil Practice and Remedies Code. Texas’s primary statute governing personal injury and wrongful death civil actions. Chapter 71 establishes who can file a wrongful death claim, when, and what they can recover.

Texas wrongful death law is governed by Chapter 71 of the Civil Practice and Remedies Code. Under CPRC Section 71.002, a wrongful death action arises when someone’s death is caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default. The defendant’s conduct must have been actionable had the person survived.

A civil wrongful death action stands entirely independent of any criminal prosecution. A conviction helps your case but isn’t required. A prosecutor’s decision not to charge the defendant does not bar your civil claim. Criminal cases require proof beyond reasonable doubt. Civil wrongful death cases require only a preponderance of the evidence.

survival action

Under CPRC 71.021, the personal injury claim the deceased would have had survives to their heirs, legal representatives, and estate. It recovers the decedent’s own losses: medical expenses, lost wages, and pain and suffering between the injury and death. Not the family’s losses.

Alongside the wrongful death action, Texas law provides a survival action under CPRC Section 71.021. The wrongful death action belongs to the surviving family members. The survival action belongs to the deceased’s estate. They address different losses and can be filed at the same time.

The Marshall Texas injury lawyers hub page covers the full range of cases Trey Morris Injury Lawyers handles in Harrison County.

Who Can File a Wrongful Death Claim in Texas

Under CPRC Chapter 71, only three categories of people can file a Texas wrongful death claim: the surviving spouse, surviving children, and surviving parents. No other family members qualify.

First: the surviving spouse. Second: surviving children, including adopted children. Third: surviving parents, both natural and adoptive. That’s it. Siblings cannot file. Grandchildren cannot file. Stepparents who didn’t legally adopt the deceased cannot file. A divorced former spouse cannot file.

Each eligible beneficiary can pursue their own independent action. They can also join together in a single suit. If the family disagrees about how to proceed, the court can consolidate the cases.

There’s one important timing rule. If none of the eligible beneficiaries files within three months of the death, the executor or administrator of the estate is required by statute to bring the action. There’s an exception: if all surviving beneficiaries affirmatively tell the executor not to file, the estate is not required to act.

Damages Available in a Texas Wrongful Death Case

Texas wrongful death damages divide into two categories: economic and non-economic. Exemplary damages are a third category available in specific circumstances.

Economic Damages

pecuniary loss

The financial value of what the deceased would have contributed over their lifetime, including wages, future earning capacity, and household services. Calculated by vocational and economic experts using actuarial data.

Economic damages in a Texas wrongful death case include the pecuniary loss the surviving family has lost. This covers the deceased’s past and future lost wages, lost earning capacity, and the value of household services they would have provided. An economic expert calculates these figures based on the person’s age, occupation, salary history, and projected working years.

Funeral and burial expenses are also recoverable economic damages. Medical expenses the deceased incurred between the injury and death come through the survival action filed alongside the wrongful death claim.

Non-Economic Damages

Non-economic damages address losses that don’t have a price tag on them. Loss of companionship and society is available to spouses, children, and parents. It covers the loss of the care, comfort, affection, guidance, and support the deceased provided. Mental anguish is the grief and emotional suffering the beneficiaries experience. Loss of inheritance represents the estate value the beneficiaries would have received had the deceased lived a normal lifespan.

Exemplary Damages

exemplary damages

Texas’s term for punitive damages under CPRC Chapter 41. Awarded when a defendant’s conduct involved fraud, malice, or gross negligence. Requires clear and convincing evidence: a higher burden than the preponderance standard that applies to compensatory damages.

Exemplary damages are available in Texas wrongful death cases when the death resulted from gross negligence, malice, or fraud. The standard is higher than ordinary negligence. You must prove the conduct by clear and convincing evidence.

CPRC Section 41.008 caps exemplary damages at the greater of two times economic damages plus up to $750,000 in noneconomic damages, or $200,000. The cap does not apply when the death was caused by certain felonies, including murder, aggravated assault, and sexual assault.

Proportionate Responsibility and Wrongful Death

proportionate responsibility

The Texas system for allocating fault among all parties, governed by CPRC Chapter 33. Each party’s percentage of responsibility is determined by the fact-finder. A claimant is barred from recovery if their share of responsibility exceeds 50 percent.

Texas proportionate responsibility rules apply in wrongful death cases. The defendant’s lawyers will look for ways to assign fault to the deceased. This is a standard defense strategy, and it can have real consequences.

Under CPRC Chapter 33, if the deceased was 51% or more responsible for their own death, the family recovers nothing. If the deceased was 50% or less at fault, the recovery is reduced proportionally. At exactly 50%, the family still recovers, reduced by half.

Defendants can also designate responsible third parties under CPRC Section 33.004. This spreads fault across multiple parties and can reduce the defendant’s share below the threshold for joint and several liability. When third parties are designated, the family has 60 days to add them as defendants.

Insurance adjusters build their entire defense around pushing the deceased’s fault percentage above 50%. Challenging that narrative requires early investigation. Trey Morris Injury Lawyers works with accident reconstructionists and independent investigators to establish what actually happened.

Representative Results

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$409 Million Wrongful Death

A tragic case where an impaired driver of a commercial vehicle ran a red light, then collided with our client, causing serious bodily injury to the mother and the loss of life of her daughter.

$49 Million Motor Vehicle Accident

An impaired driver of a stolen vehicle driving the wrong way collided with our client head-on, resulting in brain injury and multiple broken bones.

$32,195,000 Industrial / Workplace

Failure to maintain proper safety protocols led to an explosion at an industrial plant causing a series of catastrophic injuries from broken bones, burns, spinal injury, and mental anguish.

$31.5 Million Industrial / Workplace

Brain and spinal injuries followed an oil-field company failing to maintain equipment and provide a safe work site.

$17.25 Million Commercial Vehicle Accident

Client was struck head-on by a disconnected load of an 18-wheeler that crossed the median causing broken bones and amputation.

$13 Million Commercial Vehicle Accident

On the interstate, an 18-wheeler failed to yield right of way then made an unsafe lane change causing the accident which resulted in major bone breaks, damaged organs, and ultimately a leg amputation.

$12.1 Million Motor Vehicle Accident

A commercial vehicle failed to stop at a red light subsequently crashing into our client causing serious brain injury and permanent loss of function.

$7 Million Motor Vehicle Accident

When the other vehicle struck our client, the result was a major hemorrhage and a stroke.

$7 Million Commercial Vehicle Accident

An 18-wheeler cut across traffic on an illegal left turn and hit our client, who suffered neck and back injuries.

$6.25 Million Motor Vehicle Accident

A fatigued commercial-vehicle driver fell asleep at the wheel and rear-ended our client, leaving our client with severe neck and back injuries.

$4.95 Million Wrongful Death

A hydraulic line exploded at a job site, taking the life of our client's loved one.

$4 Million Commercial Vehicle Accident

Our client's vehicle was struck by the at-fault vehicle, resulting in neck and back injuries.

$3.3 Million Motor Vehicle Accident

Motor vehicle collision. Details not publicly disclosed.

$3.25 Million Commercial Vehicle Accident

Commercial vehicle collision. Details not publicly disclosed.

$3.2 Million Commercial Vehicle Accident

While our client was stopped, the at-fault driver rear-ended our client's vehicle and set it on fire, leaving our client seriously hurt.

$3.15 Million Wrongful Death

An 18-wheeler caused a fatal collision that took the life of our client's loved one.

$3 Million Commercial Vehicle Accident

A commercial vehicle struck and killed our client's loved one, who was on foot.

$3 Million Motor Vehicle Accident

Out on the highway, the at-fault driver hit our client.

Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.

Common Causes of Wrongful Death Claims in Marshall, Texas

Marshall sits at the intersection of I-20 and US-59, two high-volume commercial corridors running through Harrison County. Commercial truck traffic is constant on both routes. Accidents involving 18-wheelers and other large commercial vehicles account for a significant share of fatal crashes in this area.

Common causes of wrongful death claims in the Marshall area include commercial vehicle collisions on I-20 and US-59, workplace accidents at industrial and oil and gas facilities, and construction site fatalities. Premises liability deaths from unsafe property conditions, medical malpractice, defective product failures, DUI and DWI collisions, and bicycle and pedestrian fatalities also generate wrongful death claims.

The legal theory underlying your claim depends on the cause of death. A trucking death involves federal FMCSA regulations and multiple potentially liable parties. A workplace death may involve OSHA standards, employer negligence, and third-party equipment manufacturers. A medical malpractice death triggers Texas’s specialized medical liability rules under CPRC Chapter 74, including the expert report requirement.

The cause of death shapes the investigation, the defendants named, and the evidence required.

See our big truck accidents and construction site accidents pages for details on those specific claim types.

Your Marshall Injury Attorneys

Founder Trey Morris leads every injury case the firm takes.

• 

  Trey Morris

  Owner

The Wrongful Death Investigation Process

Wrongful death investigations are time-sensitive. Evidence has a shelf life. Vehicle event data recorders overwrite automatically on rolling cycles. Surveillance footage is deleted on standard retention schedules. Witnesses move. Memories fade.

The first action in any wrongful death investigation is sending preservation demands to every party who might hold relevant evidence. This legally requires them to stop their normal destruction or overwriting practices. We send those demands once the facts give us a sound basis for them, and we move as fast as the law permits because the case is built on that evidence. Each demand asks the recipient to keep the items listed below that bear on how the death happened, since that evidence shows who caused it and ties their conduct to your family’s loss.

ECM

Engine Control Module. The truck or vehicle’s onboard computer that records pre-crash speed, braking inputs, throttle position, and collision data. Sometimes called the black box. Data can be overwritten within 30 days without a preservation demand.

Evidence categories in a wrongful death case include: accident scene documentation and photographs, surveillance video from traffic cameras and nearby businesses, vehicle ECM and ELD data for commercial vehicles, medical records from CHRISTUS Good Shepherd Medical Center Marshall and any other treating facilities, toxicology reports, and cell phone records.

Expert witnesses are essential in wrongful death cases. Accident reconstructionists establish how the crash happened and who bears responsibility. Medical examiners and treating physicians establish the cause and timing of death. Economic experts calculate pecuniary loss and loss of inheritance. Vocational experts assess the deceased’s earning capacity.

Wrongful death cases in Harrison County are filed in the 71st Judicial District Court. Estate administration proceedings run separately through Harrison County Probate Court. Federal cases meeting diversity jurisdiction standards are handled by the Eastern District of Texas, Marshall Division, at the Jack Brooks Federal Building.

Steps to Take After a Wrongful Death in Marshall, Texas

The first priority after a wrongful death in Marshall is preserving evidence and avoiding actions that compromise the case. Here’s what to do.

Contact law enforcement and obtain a copy of the incident report as soon as it’s available. Preserve every document you receive from insurance companies, the at-fault party, or their representatives. Do not sign anything from an insurer without legal review.

Do not accept early settlement offers. Insurance adjusters sometimes contact families within days of a death with settlement offers. These early numbers are almost always based on incomplete information about the full scope of damages. Accepting a settlement releases all future claims. You cannot go back.

Request and preserve all medical records from CHRISTUS Good Shepherd Medical Center Marshall and any other facilities that treated your loved one. These records are foundational to the case. Protect them.

Limit what your family posts on social media. Defense attorneys routinely monitor social media accounts of plaintiffs and family members in wrongful death cases. Posts about the accident, insurance, the defendant, or even unrelated life events can be used against you.

Understand that two separate legal proceedings may be running simultaneously. Estate administration runs through Harrison County Probate Court. Wrongful death litigation runs through the 71st Judicial District Court. The survival action proceeds through the estate. These are distinct legal tracks that require coordination.

What clients say

• ★★★★★

  Where should I start!?

  Trey Morris Injury Law Firm was a great fit for me! During this wild time of getting into a car wreck, dealing with insurance, and other third parties, Mrs. Brooke and Mrs. Nerren were extremely helpful! They were there for me through the whole process and never once did I doubt their professionalism. They will fight tooth and nail for you and get you what you deserve. I would recommend them to anyone.

  DDakota R.Ruston Office · Oct. 22, 2026
• ★★★★★

  Trey Morris what a great experience if I ever have to suggest a lawyer's office Morris is my first choice will be suggesting to friends and family

  AAdam W.Shreveport Office · Oct. 16, 2026
• ★★★★★

  Very professional and very easy to work with throughout the whole case!

  Lane and Men helped make the whole process go smonthly with no stress

  VVictoria M.Lake Charles Office · Oct. 8, 2026
• ★★★★★

  Great experience overall.

  Seth and Jessica were always there to help and I could tell they truly had my best interest in mind. I was overwhelmed after my incident and they walked me through every step of the way and provided a lot of relief.

  JJoel B.Covington Office · Sep. 14, 2026
• ★★★★★

  I hired [Trey Morris Injury Lawyers] to represent me with my case.

  Mr. Lane Robinson, Jessica, and Yadira has been with me every step of the way, making sure I received the proper care I needed to get well. They always called emailed and text to make sure I was doing OK. I would recommend the firm to anyone. They have an amazing team. I couldn’t have made a better choice. Thank you all for everything you have done for me and my family.

  KKaterrica C.Minden Office · Aug. 12, 2026
• ★★★★★

  I just want to express how pleased I am with [Trey Morris Injury Lawyers].

  Their caring team made a huge difference in my experience. From the moment I reached out, they were attentive and supportive, guiding me through every step of the process. They truly took the time to listen to my concerns and made me feel valued as a client. I highly recommend their services to anyone in need of a compassionate and dedicated legal team!

  MMaram Z.Ruston Office · Apr. 28, 2025

Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Past results do not guarantee future outcomes.

The Two-Year Statute of Limitations in Texas Wrongful Death Cases

Texas sets a two-year deadline to file a wrongful death lawsuit under CPRC Section 16.003(b). The clock starts on the date of death. Not the date of the accident. Not the date you learned about the negligence. The date your loved one died.

There is one meaningful tolling rule. If a surviving child beneficiary is under 18 at the time of death, the deadline tolls until that child turns 18. They then have two years from that birthday to file, under CPRC Section 16.001. This applies to the minor child’s individual claim only. It doesn’t extend the deadline for adult beneficiaries in the same family.

Other disabilities that arise after the deadline has started running do not pause it. The criminal case proceeding against the defendant does not toll the civil statute, and waiting for the outcome of a related prosecution does not pause the two-year civil deadline.

The legal deadline is two years, but evidence degrades well before then. Physical evidence is lost, digital records are overwritten, and witnesses move or forget.

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