Texas Wrongful Death Guide: Who Can File, What Damages Are Available, and How Long You Have
Losing a family member because of someone else’s negligence raises legal questions on top of everything else a family is already dealing with. This guide explains who can bring a wrongful death claim in Texas, what compensation may be available, how it’s different from a related claim called a survival action, and the deadline for filing.
Quick Answer
In Texas, only the deceased person’s surviving spouse, children, and parents can bring a wrongful death claim — siblings and grandchildren cannot, under Texas Civil Practice & Remedies Code §71.004. Compensation can include lost financial support, loss of companionship, mental anguish, and funeral expenses, plus punitive damages if the death was caused by gross negligence or a willful act. Families generally have two years from the date of death to file, and there’s a separate deadline for a related claim called a survival action.
What This Guide Covers
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who can bring a wrongful death lawsuit. Under the Texas Wrongful Death Act (Texas Civil Practice & Remedies Code §71.004), only three categories of family members have standing to sue:
- The surviving spouse
- Surviving children (including adopted children)
- Surviving parents of the deceased
Siblings, grandparents, and grandchildren are not included under the statute, even though they may have been close to the person who died. Any of the eligible family members can file individually, jointly, or on behalf of all of them.
If no eligible family member files within three months of the death, the executor or administrator of the deceased’s estate may bring the claim on the family’s behalf — unless a surviving spouse, child, or parent specifically asks the representative not to.
Wrongful Death Claims vs. Survival Claims: What’s the Difference?
Many families are surprised to learn that a death caused by someone else’s negligence can actually involve two separate legal claims. They’re easy to confuse, but they compensate for different things and belong to different people.
Wrongful Death Claim
Compensates the surviving spouse, children, and parents for their own losses — the financial support, guidance, and companionship they lost because their family member died. This claim belongs to those family members directly, not to the estate.
Survival Claim
Compensates for the losses the deceased person could have claimed had they survived — medical bills, pain and suffering, and lost income between the injury and death. This claim belongs to the estate and is distributed according to the will or Texas inheritance law.
These two claims are often filed together in the same lawsuit, since they usually arise from the same incident. Working with an attorney who understands both is important, since missing either one can mean leaving real compensation on the table.
What Damages Are Available in a Texas Wrongful Death Case?
The value of a wrongful death claim depends on the specific facts, but Texas law recognizes several categories of compensation for the surviving spouse, children, and parents:
- Loss of financial support — the income and financial contributions the deceased would have provided.
- Loss of companionship and society — the loss of the relationship, guidance, and comfort the family member provided.
- Mental anguish — the emotional pain suffered by surviving family members.
- Loss of inheritance — what the deceased would likely have added to their estate over a normal lifetime.
- Funeral and burial expenses.
If the death was caused by a willful act, omission, or gross negligence — not just ordinary carelessness — Texas law also allows for exemplary (punitive) damages under Section 71.009, which are meant to punish especially serious misconduct rather than simply compensate the family.
Damages awarded in a wrongful death case are divided among the eligible family members based on the harm each of them suffered, not necessarily in equal shares.
Common Causes of Fatal Accidents in Texas
A wrongful death claim can arise from almost any situation where negligence causes a fatal injury. Some of the most common causes we see include:
Car Accidents
High-speed collisions and impaired or distracted driving remain among the leading causes of fatal accidents in Texas. Learn more about car accident claims.
Commercial Truck Accidents
The size and weight difference between passenger vehicles and 18-wheelers makes truck collisions especially likely to be fatal. See our truck accident guide.
Motorcycle Accidents
Motorcyclists have little protection in a crash, and fatal injuries are common even in collisions that a car occupant would walk away from. More on motorcycle accident claims.
Workplace & Industrial Accidents
Construction sites, refineries, and industrial worksites carry serious risks, particularly when safety protocols are ignored or equipment isn’t properly maintained.
Defective Products
A dangerously designed or manufactured product — from vehicle parts to medical devices — can cause a fatal injury even when used exactly as intended.
Medical Negligence
Misdiagnosis, medication errors, and surgical mistakes can turn a routine medical situation into a fatal one.
How Are Wrongful Death Claims Proven in Texas?
Like most personal injury claims, a Texas wrongful death case is generally built around four legal elements. All four typically have to be established for a claim to succeed:
Evidence used to establish these elements often includes police and incident reports, medical and autopsy records, expert testimony, surveillance footage, and witness statements. As with any injury claim, this kind of evidence can disappear quickly, which is one reason families are encouraged to speak with an attorney early rather than wait.
How Long Do You Have to File? The Statute of Limitations
In Texas, a wrongful death claim generally must be filed within two years of the date of death — not two years from the original accident or injury, if the death occurred sometime after. Missing this deadline will almost always bar the family from recovering compensation permanently, regardless of how strong the underlying case is.
The related survival claim is also subject to its own deadline, and the two can interact in ways that aren’t always obvious, especially when a person survives an injury for weeks or months before passing away. For a broader look at how Texas deadlines work across different types of injury claims, see our Texas Statute of Limitations Guide.
Evidence in fatal accident cases can disappear just as quickly as in any other injury claim — vehicle data, surveillance footage, and witness memories don’t wait for a family to be ready to deal with a lawsuit. Speaking with an attorney early, even before you’ve decided whether to pursue a claim, helps preserve the option.
How Comparative Fault Can Affect a Wrongful Death Claim
Texas follows a modified comparative fault system, sometimes called the 51% rule. If the deceased person is found partly at fault for the accident that caused their death, the family’s recovery can be reduced by that percentage of fault — and if the deceased is found more than 50% responsible, the family may be barred from recovering anything at all.
Insurance companies and defense attorneys often focus heavily on shifting blame in fatal accident cases specifically because of how directly comparative fault can affect the outcome. Our Texas Comparative Fault Guide explains how this rule works in more detail and what evidence typically affects a fault determination.
What Does It Cost to Hire a Wrongful Death Attorney in Texas?
Most Texas wrongful death attorneys, including our firm, work on a contingency fee basis. That means there’s no upfront cost to hire an attorney, and no fee at all unless the case results in a settlement or verdict. Case expenses — such as records requests, expert witnesses, and litigation costs — are typically advanced by the firm and reimbursed out of any recovery.
For a more detailed breakdown of how contingency fees work in Texas injury cases, see our guide to attorney fees.
Frequently Asked Questions
Can siblings or grandparents file a wrongful death claim in Texas?
No. Texas Civil Practice & Remedies Code §71.004 limits wrongful death claims to the surviving spouse, children, and parents of the deceased. Siblings, grandparents, and grandchildren do not have standing to file, even though they may have been close to the person who died.
What’s the difference between a wrongful death claim and a survival claim?
A wrongful death claim compensates surviving family members for their own losses, like lost financial support and companionship. A survival claim compensates for what the deceased person could have recovered had they lived, such as pain and suffering and medical bills, and that money goes to the estate rather than directly to family members.
How long do I have to file a wrongful death claim in Texas?
Generally two years from the date of death, under Texas law. Certain circumstances can affect this deadline, so it’s best to speak with an attorney as soon as possible rather than assume how much time remains.
Can we recover punitive damages in a wrongful death case?
Exemplary (punitive) damages may be available under Section 71.009 if the death was caused by a willful act or omission, or by gross negligence — a higher standard than ordinary carelessness. Not every case qualifies, and whether it applies depends on the specific facts.
What if no family member files within the first few months?
If no eligible spouse, child, or parent files within three months of the death, the executor or administrator of the estate may bring the claim on the family’s behalf, unless a family member specifically objects to that.
What does it cost to hire a wrongful death attorney?
Most wrongful death attorneys, including our firm, work on contingency — there’s no upfront cost, and no fee unless we recover compensation for your family.
Have Questions About a Wrongful Death Claim?
Losing a family member is overwhelming enough without having to navigate the legal process alone. Contact The Miller Law Firm, home of The Texas Bulldog, for a free, no-obligation consultation to understand your family’s options.
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