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The Stephens Law Firm Accident Lawyers

Marshall Wrongful Death Lawyer

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Content Reviewed by: Joe Stephens

Last Updated: March 10, 2026
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The unexpected death of a loved one is devastating for families, especially when someone else’s careless or reckless actions led to your loss. You’re likely facing emotional and financial hardships, frustrating insurance claims, and uncertainty about what to do next—all while grieving for your family member.

While nothing can change what happened, an experienced Marshall wrongful death lawyer can help you pursue justice and claim compensation to support your family during this difficult time. Attorney Joe Stephens offers compassionate guidance, award-winning legal service, and tireless advocacy for people who have lost a loved one in an accident.

Contact us today to schedule a free consultation. We can discuss your situation, explain your legal options, and walk you through your next steps.

Joe Stephens is double board-certified with decades of experience handling complex wrongful death claims. If you need a trusted wrongful death lawyer in Marshall, Joe personally handles every case from start to finish, so you can focus on your family after your loss. Here’s what sets Joe and The Stephens Law Firm apart:

  • Commitment to Marshall and Harrison County: We care about the communities we serve and will do what it takes to get justice.
  • Trial-ready approach: Joe prepares every case as if it’s going to trial, letting insurance companies know we will go the distance.
  • No fee unless we win: It costs nothing to get started, and you pay no legal fees unless Joe wins your case.
  • Personalized representation and direct attorney access: Joe provides award-winning one-on-one representation and exceptional client service.
  • Winning case results: We will fight for the best possible case outcome for your family.
$10,700,000
Settlement

Wrongful Death

The jury renders 10.7 million dollar verdict against rogue pill mill for dispensing prescription drugs that caused man’s death. Medical Malpractice case in Harris County against rogue clinic and pill mill doctor. “Houston Jury Awarded Client $10.7 Million”, which is in the Verdict Search Texas Hall of Fame.

Unfortunately, the rogue doctor had no assets to pay, but the family of the victim was grateful that Joe Stephens stood up against the rogue doctor on their behalf.

We know the struggles you and your family are facing right now, and we are ready to help. Contact us now for legal support from The Stephens Law Firm.

Wrongful death claims can be challenging without a legal professional by your side. Acting quickly and working with a skilled wrongful death attorney can help you gather and preserve crucial evidence that will support your case. Here’s how Joe will build your claim and put you in the best position to receive financial relief for your losses and suffering.

Immediate Investigation and Evidence Preservation

We get to work right away to secure important evidence that can be lost or fade in the weeks after your loved one’s death, including:

  • Accident reports
  • Surveillance footage
  • Witness statements
  • Photos or videos of what happened
  • Medical records

Working With Expert Witnesses

Joe also works closely with expert witnesses to prove what happened and explain the extent of your losses. We have connections with accident reconstructionists, medical professionals, economists, and other industry professionals who can strengthen your case.

Aggressive Insurance Negotiations

Insurance companies may attempt to deny liability, shift blame, and try to pay less than your claim is worth. Joe is an aggressive but fair negotiator who will push back against insurance company tactics and demand a fair settlement that reflects the actual value of your claim.

Trial-Ready Representation

When the insurance company refuses to make a fair offer, Joe is one of the top trial lawyers in the state. He is prepared to take your case to court before a judge and jury to stand up for what’s right.

Under Texas law, a wrongful death claim can be made if a person’s death was caused by another party’s wrongful act, negligence, or carelessness. If the person who died would have lived had it not been for the at-fault party’s actions or failure to act reasonably, it may qualify as a wrongful death case.

There are many scenarios that could lead to a wrongful death claim, including:

Generally, if someone else was negligent, reckless, or careless in their responsibilities and caused your loved ones death, you may have grounds to file a wrongful death lawsuit.

Who Can File a Wrongful Death Claim?

In Texas, only certain family members can file a wrongful death claim after losing a loved one. Eligible parties include:

  • Surviving spouse: The victim’s legal spouse has the primary right to file a wrongful death lawsuit, including common-law spouses and those who were separated but not legally divorced when the death occurred.
  • Children of the decedent: Both biological and legally adopted children can initiate a wrongful death claim after losing a parent.
  • Parents of the decedent: Biological or adoptive parents may file a claim, even if their child was an adult at the time of their death.

One or more of these family members can initiate the wrongful death claim on behalf of all eligible parties. If no family members file a claim within three months of the person’s death, an ​​executor or administrator of the estate can bring the lawsuit unless the family members requested that there be no legal action.

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Accidents happen—but that doesn’t mean you have to face the aftermath alone. Attorney Joe Stephens will walk you through your options and handle the hard stuff so you can focus on getting better.

Get the Help You Need

On top of the emotional and psychological struggles that come with an unexpected death, the loss can also put financial pressure on the family, particularly if your loved one was the primary earner. You may be entitled to compensation for all the ways you’ve suffered, including economic and non-economic damages.

Economic Damages

Economic damages are the expenses and financial losses caused by your loved one’s death, such as:

  • Cost of medical care for injuries before the death
  • Loss of income and benefits
  • Loss of household support, including childcare
  • Funeral and burial expenses

Non-Economic Damages

Non-economic damages are the intangible or subjective ways your family has suffered, including:

  • Your loved one’s pain and suffering before passing
  • Grief and emotional distress
  • Loss of consortium or intimacy
  • Loss of parental guidance

Punitive Damages

In cases of gross negligence, malice, or intentional misconduct, the court may award punitive damages to punish the wrongdoer and deter similar behavior. For example, a fatal car accident that involved drunk driving may lead to an award of punitive damages. However, Texas imposes a cap on punitive damages of either $200,000 or two times the amount of economic damages—whichever is greater.

Joe Stephens will carefully identify and evaluate available damages and claim the full and fair amount your family needs and deserves. Schedule a free case evaluation to see how Joe can help with your case.

The Texas statute of limitations for wrongful death is two years from the date of the person’s passing, not the date of the accident that led to the person’s death. If you miss the deadline to file your claim, you may lose your right to recover damages.

While two years may sound like a long time, it’s in your best interest to act quickly. A lawyer can get started immediately to collect vital evidence, build your case, and stay on top of important deadlines.

Can I File a Lawsuit if My Loved One Was Partially at Fault for Their Death?

Under the modified comparative negligence system, you can still file a wrongful death lawsuit in Texas even if your loved one was partially at fault for their death. However, they cannot have been more than 50% responsible for the incident.

After losing a loved one in an accident, the steps you take after the death are critical for protecting your family’s future. Although it may be challenging, here are some things you can do:

  • Organize and preserve evidence that may prove what happened
  • Avoid making recorded statements to the insurance company
  • Document how your life is affected by your loss, including emotionally and financially
  • Contact an experienced wrongful death lawyer in Marshall

Get Help From a Wrongful Death Lawyer in Marshall, TX Today

In Texas, the deadline to take legal action is only two years from the date of your loved one’s death. Because waiting too long could put your family’s financial security at risk, contact The Joe Stephens Law Firm as soon as possible to get started on your case.

We understand that this is an incredibly trying time for your family, and we don’t want you to worry about legal fees while grieving. That’s why we offer free consultations and work on a contingency basis. This means you don’t pay any legal fees unless Joe secures compensation for your claim.

Call (903) 407-4465 or contact us online to schedule your free case evaluation. We will answer your questions and help you find the best path forward for your family.

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