Wrongful Death Claims

When a death was caused by someone else’s negligence, Texas law gives the surviving family a claim. Nothing about that makes it feel like justice — but it is what the law can do.

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We will be direct with you, because families in this position are usually surrounded by people who are not. A wrongful death case cannot undo what happened. What it can do is hold the responsible party accountable and provide for the people who depended on the person who died.

Who can bring a wrongful death claim in Texas

Under the Texas Wrongful Death Act, the claim belongs to a specific group: the surviving spouse, children and parents of the person who died. Siblings cannot bring a wrongful death claim in Texas, and neither can more distant relatives, regardless of how close the relationship was. Adopted children and adoptive parents are included.

If none of those family members files within three months of the death, the executor or administrator of the estate may file — unless the family expressly asks them not to.

Two claims, not one

Texas recognizes two distinct causes of action arising from the same death, and they compensate different losses:

The wrongful death claim compensates the surviving family for their own losses — lost financial support and inheritance, lost household services, lost love, companionship, comfort and society, and their own mental anguish.
The survival claim belongs to the estate and compensates for what the deceased person suffered before dying — conscious pain and mental anguish, medical expenses incurred, and funeral and burial costs.

Where the conduct was grossly negligent, exemplary damages may also be available. Filing both claims properly, on behalf of the right parties, is not a formality — getting it wrong can forfeit recoverable losses.

Deadlines and evidence

The limitations period for a Texas wrongful death claim is generally two years from the date of death, with narrow exceptions for minors and for certain claims that could not reasonably have been discovered. If a governmental entity is involved, notice requirements can run in months or even weeks. Meanwhile, the evidence — vehicle data, video, scene conditions, employment records — is degrading from the day it happens.

Common circumstances

Fatal vehicle and 18-wheeler collisions
Industrial, refinery, plant and construction site fatalities
Deaths caused by drunk or impaired drivers
Fatal premises incidents, including inadequate security
Defective products and equipment failures
Fatal medical negligence, which carries separate pre-suit notice and expert report requirements

How we handle these cases

Carefully, and with as little burden on the family as we can manage. We deal with the investigators, the carriers and the employers so you are not fielding those calls. Where several family members have claims, we address potential conflicts openly at the outset, because a settlement will eventually have to be apportioned among them — and that conversation goes far better early than late.

There is no fee unless there is a recovery.

Questions we hear

Wrongful Death FAQs

Can siblings file a wrongful death claim in Texas?

No. The Texas Wrongful Death Act limits the claim to the surviving spouse, children and parents of the person who died. A sibling serving as executor or administrator of the estate may be able to pursue the survival claim on behalf of the estate, but that is a different claim compensating different losses.

What if a criminal case is also going on?

The two proceed independently. A criminal prosecution is brought by the State to punish the offender; a wrongful death claim is a civil case brought by the family to recover damages, with a lower burden of proof. An acquittal does not bar a civil claim, and a conviction does not automatically win one, although it can be powerful evidence.

How is a settlement divided among family members?

The statute contemplates that damages are apportioned among the statutory beneficiaries in proportion to their respective injuries. In practice, families often reach agreement; where they cannot, a court decides. We raise this early so it does not become a second conflict on top of the loss.

Do we have to go to court?

Often not. Many wrongful death cases resolve in settlement or mediation. Where a minor child is a beneficiary, court approval of the settlement is generally required — a protective step, not an adversarial one.

Leveling the playing field

We can take the calls, the paperwork and the carriers off your hands.

A confidential conversation, whenever you are ready. There is no cost and no obligation.

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