Texas Wrongful Death Lawyer

Who can file a wrongful death lawsuit in Texas?

Texas gives the wrongful death claim to the surviving spouse, children and parents of the person who died. They can bring it together or individually, but it is one claim for the benefit of all of them.

If none of them files within the first 3 months after the death, the executor or administrator of the estate may bring the claim, unless all of the beneficiaries ask that it not be filed. Adult children and adopted children are included. Siblings, grandparents and other relatives are not statutory beneficiaries, though they may be heirs of the estate for the survival claim.

How is a survival claim different from a wrongful death claim?

A wrongful death claim compensates the family for its own losses. A survival claim is brought by the estate or heirs for what the person who died could have recovered had they lived.

The survival claim can include medical expenses from the final injury, funeral costs, and conscious pain and mental anguish before death. The wrongful death claim covers the family's losses: lost financial support, lost care and services, loss of companionship and society, and mental anguish. In cases involving gross negligence, exemplary damages may be possible, subject to Texas limits. Our national wrongful death page explains how these losses are proven.

How does fault affect what a Texas family recovers?

The 51 percent bar applies to death cases too. The family's recovery is reduced by any share of fault assigned to the person who died, and barred if that share is more than 50 percent.

Here is an example. A man is killed when a tractor-trailer drifts into his lane on I-20 near Abilene. The family's damages are 2,000,000 dollars. The carrier argues he was speeding.

• If the jury assigns him 10 percent, the family recovers 1,800,000 dollars.
• If the jury assigns him 51 percent, the family recovers nothing.

In practice, the truck's camera and engine data often show what happened. Families should not wait to ask that it be preserved.

The person who died cannot explain what they saw, so the physical evidence has to speak for them. Skid marks fade, vehicles are sold for salvage and witnesses move away. Our team works to lock down this evidence early, which also gives the family stronger footing when the insurer makes its first offer. That offer often arrives quickly and rarely reflects the full value of a life.

Does a criminal case affect the civil wrongful death claim?

No. A criminal case and a civil claim are separate, and the civil 2-year deadline keeps running while the criminal case moves forward.

The state prosecutes to punish; the family sues to be compensated. The civil case uses a lower standard of proof, so a family can win even if the criminal case ends in a plea to a lesser charge. A conviction can help prove fault. If alcohol was involved, a bar or restaurant that served an obviously intoxicated person may also be responsible under Texas dram shop law.

What about deaths at work or in medical care?

Workplace deaths and medical deaths follow special rules in Texas. The answer depends on the employer's insurance and the type of care involved.

If the employer carried workers' compensation, death benefits are usually the main remedy against the employer, though a spouse or children may have a claim for exemplary damages in cases of gross negligence. If the employer was a non-subscriber, the family may be able to sue the employer directly. Outside companies, such as contractors or equipment makers, can be sued in either case. Our workplace and construction injuries page covers these claims.

Deaths caused by medical care follow Texas health care liability rules, including pre-suit notice, an early expert report and damage caps. Our Texas medical malpractice page explains them.

What should a Texas family do now?

Mark the 2-year date, check whether a government entity was involved, and get a legal review. If a city or state vehicle or property played a role, notice is generally due within 6 months.

1. Request the death certificate and any crash, incident or autopsy report.
2. Keep medical, funeral and burial bills.
3. Identify the spouse, children and parents, and whether an estate needs to be opened.
4. Refer insurance adjusters to your lawyer.

For broader state rules, visit our Texas injury law hub. We offer a free case review, and no fee unless we win.