Justice After a Tragic Loss – Texarkana Wrongful Death Lawyer

Losing a loved one because of someone else’s careless or reckless actions is devastating and deeply unfair. Nothing we do in the legal system can replace the person you lost, but a wrongful death claim can hold the responsible party accountable and help ease the financial strain on your family. At Anderson Law Firm, we handle wrongful death cases with a balance of compassion and determination, guiding spouses, children, and parents through an incredibly difficult time. We assist families on both the Texas and Arkansas sides of Texarkana, helping them understand their rights and take thoughtful next steps.

Common Situations Leading to Wrongful Death Claims

Wrongful death claims can arise in many ways. We represent families after a wide range of preventable tragedies, including:


  • Fatal Motor Vehicle Crashes
    Includes car, truck, motorcycle, and commercial vehicle collisions on I-30, Summerhill Road, New Boston Road, and other routes in and around Texarkana.

  • Workplace and Industrial Accidents
    Construction incidents, industrial equipment failures, and other job-related events where an employer, contractor, or equipment manufacturer may be at fault.

  • Medical Negligence and Nursing Errors
    Cases involving preventable medical mistakes, failures to monitor, medication errors, or other lapses that result in death, including situations that may trigger Texas medical malpractice damage caps on non-economic wrongful death damages.

  • Dangerous Property Conditions
    Fatal falls, fires, or violent criminal attacks that occur because a property owner or business failed to provide reasonable safety or security on the premises.

  • Defective Products and Vehicles
    Claims involving unsafe consumer products, industrial equipment, or vehicle defects that cause fatal injuries.


In each case, we investigate how the death occurred, who should be held responsible, and what legal options your family has under Texas or Arkansas law.

Who Can File a Wrongful Death Claim in Texas and Arkansas?

Understanding who has the legal right to bring a claim is one of the first issues families face. The rules differ between Texas and Arkansas, and we help make those rules clear.

Texas – Who May File

In Texas, the surviving spouse, children, and parents of the deceased have the first right to file a wrongful death lawsuit, either together or individually. If none of these family members file suit within three months of the death, the personal representative (executor) of the estate may file the claim on the family’s behalf, unless the surviving spouse, children, or parents specifically ask that no claim be filed.

Arkansas – Who May File

In Arkansas, the wrongful death claim is typically filed by the personal representative of the deceased person’s estate. If no personal representative has been appointed, certain heirs may be allowed to file directly, but the claim is still pursued on behalf of all statutory beneficiaries, such as the spouse, children, and other qualifying family members.

We Help Organize the Legal Roles

We assist with appointing a personal representative where needed, making sure all eligible family members are identified, notified, and included. This helps avoid conflicts later and ensures that the case is structured correctly from the beginning.

Wrongful Death vs. Survival Claims

In addition to a wrongful death claim, there may also be a “survival” claim, which focuses on the pain, suffering, and damages the deceased experienced before passing. We evaluate both avenues to make sure no part of your loved one’s story is left out.

What Compensation Can a Wrongful Death Claim Seek?

A lawsuit cannot bring your loved one back, but it can provide financial stability and a sense of accountability. Depending on the state and facts, compensation in a wrongful death case may address:


  • Funeral and burial expenses
  • Medical bills related to the final injury or illness
  • Lost income and benefits the deceased would have provided to the family
  • Loss of care, companionship, guidance, and support
  • Mental anguish and emotional suffering of surviving family members
  • In rare cases, punitive damages intended to punish especially egregious conduct (subject to legal caps, particularly in Arkansas).

Texas generally does not impose an overall cap on compensatory wrongful death damages, but there are special caps on non-economic and total damages when the death stems from medical malpractice. In Arkansas, compensatory damages in wrongful death cases are not broadly capped, although state law does limit punitive damages based on formulas tied to compensatory awards. We will explain how these rules apply in your specific situation.

What to Expect When You Work with Our Firm

From the first call, our goal is to protect your family’s legal rights while respecting your grief. 

You can generally expect:

A Careful Case Evaluation

We review accident reports, medical records, witness statements, and any available photos or video to assess how strong the case is and which laws apply.

Clear Communication on Strategy

We explain the options—negotiation, mediation, or litigation—along with realistic timelines and potential outcomes, so your family can make informed choices.

Thorough Damage Analysis
We may work with financial experts and other professionals to evaluate lost income, benefits, and the long-term financial impact of the loss.

Negotiations and Possible Litigation
Many wrongful death cases resolve through settlement, but we prepare every case as if it may go to trial and are ready to present your family’s story to a judge or jury if needed.

Compassionate Support Throughout
We understand this is not just a “case”—it is your loved one’s legacy. We move at a pace that respects your grief while making sure legal deadlines and evidence preservation are handled on time.

Comparing Texas and Arkansas Wrongful Death Claims

The table below summarizes a few key distinctions. It is not a substitute for legal advice, but it shows why having a firm licensed on both sides of the state line can be especially important.

Issue Texas Wrongful Death Claim Arkansas Wrongful Death Claim
Who typically files Surviving spouse, children, or parents first; estate representative may file after 3 months if they do not. Personal representative of the estate usually files on behalf of all statutory beneficiaries.
Main focus of damages Losses suffered by close family members, including financial support and mental anguish. Estate-based damages plus losses to beneficiaries, often handled together under one action.
Damage caps No broad cap on compensatory wrongful death damages, but special caps apply in medical malpractice cases. Compensatory damages not generally capped; punitive damages subject to statutory limits.
Relationship to other claims Often paired with survival claims or related personal injury actions (for example, a prior injury claim that continues through the estate). Also often paired with survival-type claims under Arkansas law, with the estate and beneficiaries each having defined rights.

Not sure which state’s law applies or how this affects your family? We can review where the accident happened, where your loved one lived, and other factors to clarify your options and recommend a path forward.

Wrongful Death FAQ

  • Who can file a wrongful death lawsuit in Texas vs. Arkansas?

    In Texas, the surviving spouse, children, and parents have priority to file a wrongful death lawsuit, either together or individually. If none of them file within three months, the personal representative of the estate can bring the claim unless the family objects. In Arkansas, the personal representative of the estate typically files the claim on behalf of all beneficiaries; if there is no representative, certain heirs may be allowed to proceed. We help ensure that the right person is appointed and that all eligible family members are included.

  • What damages can you get for wrongful death?

    Compensation in a wrongful death case may address funeral and burial costs, medical expenses from the final injury or illness, lost financial support, and the loss of companionship, care, and guidance. Families may also recover for their own mental anguish and emotional distress, subject to each state’s rules. In especially serious cases, punitive damages may be available to punish extreme misconduct, although they are more limited and subject to specific legal standards and caps.

  • Is there a cap on wrongful death damages in Texas or Arkansas?

    Neither Texas nor Arkansas has a broad, across-the-board cap on compensatory damages in wrongful death cases. However, Texas does impose damage caps in medical malpractice cases, including wrongful death arising from medical negligence, especially for non-economic damages and certain total damage amounts. Arkansas generally does not cap compensatory damages, but punitive damages are limited by statute, typically based on a multiple of the compensatory award or specific dollar limits. We will explain how these caps might affect your particular claim.

  • How long does a wrongful death case take, and will we have to go to trial?

    The timeline depends on the complexity of the case, the number of defendants, and whether there are related criminal or regulatory proceedings. Some cases settle within many months once liability and damages are clear, while others may take longer if extensive investigation or litigation is required. Many wrongful death claims resolve without a trial, through negotiated settlement or mediation, but we prepare every case as if it may go before a jury so we are ready if settlement negotiations stall. Throughout, we keep you updated so you are never left wondering what is happening.

  • Are wrongful death settlements taxable?

    Under federal tax law, compensatory damages awarded because of physical injury or death are generally excluded from taxable income, which often means most of a wrongful death settlement is not taxable. However, certain components—such as punitive damages, interest on the judgment, or amounts that replace previously deducted medical expenses—may be taxable. Because tax rules can be complex and vary by state, we encourage families to discuss any settlement with a qualified tax professional so there are no surprises.

  • Do I need a lawyer experienced specifically in wrongful death cases?

    Wrongful death claims involve unique issues such as estate representation, multiple beneficiaries, long-term income projections, and coordination with any criminal or regulatory actions. An attorney who regularly handles wrongful death and serious injury cases will be more familiar with these complexities and with proving the full impact of the loss. Our firm’s experience in fatal accident, workplace, and medical-related cases helps us address both the legal and human dimensions of your situation. We are here to help you understand your options and decide what is best for your family.

A Gentle Path Toward Justice for Your Family

We know that no amount of money can replace the person you lost, and that contacting a lawyer may feel overwhelming in the midst of grief. Our commitment is to treat your family with dignity, listen to your story, and use the law to seek accountability and financial security for those left behind. If you are considering a wrongful death claim in Texarkana or a nearby Texas or Arkansas community, you do not have to make these decisions alone.