Wrongful Death Attorney Helping You Seek Justice For Your Loved One

As a compassionate advocate with decades of experience, Maxey Scherr helps families seek justice in wrongful death cases. While the Scherr Law Firm handles a range of fatal accident claims, the firm places a special focus on wrongful death cases involving commercial truck crashes. Maxey Scherr understands how devastating these cases can be and how important it is to hold all responsible parties accountable.

Providing Compassionate Legal Representation

Losing a loved one in a tragic accident is an overwhelming experience. Whether the loss stems from a commercial truck crash, a car accident, a workplace incident or another form of negligence, the legal process that follows can be difficult to face alone. The Scherr Law Firm helps families understand their legal options, guiding them with compassion and clarity through each step of the wrongful death claim.

Maxey Scherr is especially experienced in fatal trucking accident litigation. These cases involve state and federal trucking laws, corporate defendants and complex investigative work. According to the Federal Motor Carrier Safety Administration, more than 4,800 people were killed in large-truck crashes in 2024. Many of these deaths involve passenger vehicle occupants struck by negligent commercial drivers.

Accounting For Unique Considerations In Your Compensation Claim

Wrongful death claims can involve a mix of economic and noneconomic damages. The Scherr Law Firm works closely with financial experts to ensure a full accounting of the loss. This includes:

• Lost income and expected future financial support
• Funeral and medical expenses
• Loss of companionship, guidance and household services
• Emotional suffering experienced by surviving family members

In fatal trucking cases, additional factors such as hours-of-service violations, driver logs and vehicle maintenance records often come into play. If reckless or repeated safety violations are involved, punitive damages may be possible.

Common Causes Of Fatal Truck Accidents

Although wrongful deaths can happen in many contexts, fatal truck crashes are uniquely dangerous due to the size and weight of the vehicles involved. Common causes of fatal trucking accidents include:

• Distracted driving: Cellphone use or in-cab technology distractions
• Fatigued driving: Violations of required rest periods and excessive hours behind the wheel
• Speeding: Traveling too fast for traffic or weather conditions
• Poor vehicle maintenance: Equipment failures due to neglected inspections or repairs
• Driver impairment: Alcohol, drug or prescription medication use
• Improper training: Unqualified or underprepared drivers on the road

Each of these causes demands a careful investigation and may involve claims against multiple parties, including drivers, trucking companies and third-party contractors.

Approaching Each Case Meticulously

The Scherr Law Firm conducts comprehensive investigations to hold all responsible parties accountable, seeking justice and closure for grieving families. Maxey Scherr’s experience and commitment to advocacy allow her to provide families with a sense of security as they move through a challenging time.

• Financial impact evaluation: Calculating lost wages, future support and benefits
• Emotional damages: Documenting the personal loss and relational impact on family members
• Cause of death investigation: Establishing the circumstances surrounding the accident
• Full accountability: Ensuring all liable parties are held responsible for the loss

Frequently Asked Questions About Texas Wrongful Death Claims

Those considering a wrongful death lawsuit after a tragedy can benefit significantly from understanding the laws that apply. Our El Paso lawyers can explain your rights when grieving an unexpected loss.

Who can file a Texas wrongful death lawsuit?

Surviving family members typically pursue wrongful death lawsuits in Texas. The law allows surviving spouses, including common-law spouses, to file a wrongful death lawsuit. Biological and adoptive children can also file, even if they are already adults who do not fully depend on their parents for financial support. Additionally, both biological and adoptive parents may seek a wrongful death lawsuit when a child dies, even if the child is an adult.

In scenarios where no eligible family member is available to file a lawsuit, or they fail to take action within three months of the death, the personal representative of the deceased person’s estate can file a wrongful death lawsuit.

How long do families have to file Texas wrongful death lawsuits?

The Texas statute of limitations for wrongful death lawsuits requires that personal representatives or surviving family members file the initial lawsuit paperwork within two years of the passing. Missing that strict two-year deadline may lead to a permanent loss of the right to pursue compensation.

There are a few exceptions to the time limit to file wrongful death claims in Texas. For instance, if the plaintiff is a minor, the state may toll or delay the beginning of the two-year clock until their 18th birthday. A lawsuit could be possible more than two years after a death due to the discovery rule if families learn the true cause of a passing more than two years after a tragedy.

What is a survival action, and how is it different from a wrongful death lawsuit?

A survival action is a lawsuit brought based on the losses the decedent experienced. The personal representative of the deceased person’s estate can file a lawsuit seeking compensation for the medical care the decedent incurred before dying, their suffering and other losses they endured before their passing.

This is different from a wrongful death lawsuit, which prioritizes compensation for the losses of those who survive the deceased party. The funds recovered through a survival action help resolve the financial obligations of the decedent’s estate. Any remaining funds may end up distributed among their heirs or beneficiaries.

Get In Touch With The Scherr Law Firm Today

Nothing can replace the presence of your loved one. However, there are ways we can seek justice and ensure your family’s financial stability and future. Learn more by calling us at 866-751-7083. You can also message us your questions here. We take cases all across the United States.