Losing a loved one due to someone else's negligence is devastating. Texas law gives surviving family members the right to seek justice and compensation. Understanding your rights during this difficult time is the first step toward getting the accountability your family deserves.
What Is A Wrongful Death Claim In Texas?
A wrongful death claim in Texas is a civil lawsuit brought by surviving family members against the party whose negligence, recklessness, or intentional act caused their loved one's death. Separate from criminal charges, a wrongful death claim seeks financial compensation for the family's losses.
Who Can File A Wrongful Death Claim In Texas?
Under the Texas Wrongful Death Act, only certain family members can file a wrongful death claim:
Surviving spouse
Has the primary right to bring a wrongful death claim for the loss of their partner including loss of companionship, consortium, and financial support.
Children
Both biological and legally adopted children of the deceased can bring wrongful death claims. This includes adult children.
Parents
Parents of a deceased child — including adult children — have the right to file a wrongful death claim in Texas.
⚠️ The 3-Month Rule
If eligible family members do not file a wrongful death claim within 3 months of the death, the estate's personal representative can file on their behalf. If no one files within 3 months the right may be lost. Contact an attorney immediately after a wrongful death.
What Damages Can The Family Recover?
Texas wrongful death claims can recover: loss of financial support the deceased would have provided, loss of companionship and consortium, mental anguish and grief, loss of inheritance, funeral and burial expenses, and in cases of gross negligence, punitive damages.
2 YRS
Statute of limitations for wrongful death
3 MO
Window for family to file before estate can
$0
Upfront cost for legal representation
💡 Survival Action vs Wrongful Death
In Texas you can also bring a survival action alongside a wrongful death claim. A survival action recovers damages the deceased person suffered before death — pain and suffering, medical bills, and lost wages from injury to death. Both actions together maximize the family's total recovery.
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Frequently Asked Questions
Who can file a wrongful death claim in Texas?
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The surviving spouse, children, and parents of the deceased can file a wrongful death claim in Texas under the Texas Wrongful Death Act. If no eligible family member files within 3 months, the estate's personal representative may file on their behalf.
How much is a wrongful death case worth in Texas?
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Wrongful death settlements in Texas range from hundreds of thousands to tens of millions of dollars depending on the deceased's age, income, and life expectancy, the family's dependence on them, and the degree of defendant negligence. Cases involving gross negligence can also recover punitive damages.
How long do I have to file a wrongful death claim in Texas?
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Texas has a 2-year statute of limitations from the date of death for wrongful death claims. However if no eligible family member files within 3 months of death, the estate representative can file. Contact an attorney immediately after a wrongful death.
Can I file a wrongful death claim if there were also criminal charges?
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Yes. Criminal and civil cases are separate. A criminal case requires proof beyond a reasonable doubt. A civil wrongful death claim requires only a preponderance of evidence — more likely than not. Even if criminal charges are dropped or result in acquittal, a civil wrongful death claim can still succeed.
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