When a loved one dies due to someone else’s negligence, it’s more than a personal loss — it’s a life-altering event that often brings emotional and financial hardship. In Texas, wrongful death laws provide a legal path for surviving family members to seek compensation from those responsible. These claims help families hold wrongdoers accountable while recovering financial support after a tragic loss.
Who Can File a Wrongful Death Claim in Texas?
In Texas, a wrongful death claim can be filed by the following individuals:
- The surviving spouse
- Children, including adult or adopted children
- Parents of the deceased
These individuals may file separately or together. If none of them file within three months of the death, the personal representative (executor) of the estate may file the lawsuit unless a family member specifically requests otherwise.
What Is Considered a Wrongful Death?
A wrongful death occurs in Texas when a person dies due to the wrongful act, carelessness, unskillfulness, or neglect of another. Common scenarios that may lead to a claim include:
- Car or truck accidents
- Medical malpractice
- Defective products
- Workplace injuries
- Dangerous premises
- Intentional acts like assault
If the deceased could have filed a personal injury lawsuit had they survived, a wrongful death claim is likely valid.
What Compensation Can Be Recovered?
Texas law allows surviving family members to recover damages for a variety of losses, including:
- Funeral and burial costs
- Medical expenses related to the fatal injury
- Lost income and financial support the deceased would have provided
- Loss of companionship, care, and guidance
- Mental and emotional anguish
- Loss of inheritance
In extreme cases involving gross negligence or intentional harm, exemplary (punitive) damages may also be awarded.
Time Limits for Filing a Claim
In Texas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the person’s death. Failing to file within this period can result in losing your legal right to pursue compensation.
There may be exceptions if the claimant is a minor or if the responsible party was unknown at the time.
Car Accidents and Wrongful Death in Texas
Motor vehicle crashes are a leading cause of wrongful death in Texas. Whether your loved one was a driver, passenger, pedestrian, or cyclist, you may have grounds for a claim if someone else’s negligence contributed to the crash.
Texas follows a modified comparative fault rule. This means your family can recover damages as long as the deceased was less than 51% at fault. The total recovery may be reduced based on their share of the blame.
Fatal Workplace Accidents
If your loved one was killed on the job, you may be eligible for workers’ compensation death benefits through their employer’s insurance. These benefits may include funeral expenses and a portion of the deceased’s income.
However, if the employer was non-subscribing (not carrying workers’ comp) or a third party contributed to the death, you may also pursue a wrongful death lawsuit for additional compensation.
Frequently Asked Questions About Wrongful Death in Texas
Can siblings file a wrongful death claim?
No. Under Texas law, only the surviving spouse, children, and parents can bring a wrongful death claim. Siblings are not eligible, even if they were close to the deceased.
What happens if multiple family members want to file?
Eligible family members may file the claim together, or separately if they choose. The court may consolidate multiple cases to ensure a fair and unified process.
Can I sue for emotional distress?
Yes. Emotional distress is included in the damages available to close family members, especially in cases of a sudden or traumatic loss.
What’s the difference between wrongful death and a survival claim?
A wrongful death claim compensates surviving family members for their loss. A survival claim, on the other hand, is filed on behalf of the deceased person’s estate for damages the person could have claimed had they survived (like pain and suffering before death).
Speak With a Texas Wrongful Death Attorney
If your loved one’s death was caused by negligence or misconduct, don’t try to handle the legal process alone. A Texas wrongful death attorney can explain your rights, build a strong case, and help your family pursue the justice and compensation you deserve. Contact a lawyer today for a free case evaluation.