Wrongful Death Lawsuits in Texas: Laws, Who Can File, and Deadlines

A wrongful death lawsuit in Texas allows the surviving spouse, children, or parents of a deceased person to seek financial compensation when the death was caused by another party’s negligence or wrongful act. Families have two years from the date of death to file. Wrongful death Texas law also allows a separate survival action to recover damages the deceased suffered before dying.

Texas personal injury lawyers help families across the state, including in Waco, understand their legal options after a wrongful death.

What Is a Wrongful Death Lawsuit in Texas?

A wrongful death lawsuit in Texas is a civil claim that allows certain surviving family members to recover financial compensation when someone dies because of another party’s negligence, recklessness, or intentional act. Under Texas Civil Practice and Remedies Code Section 71.002, surviving spouses, children and parents can file. 

To succeed in a wrongful death lawsuit in Texas, the family must prove four legal elements, according to wrongful death attorneys:

• Duty of care. The defendant owed a legal duty to the deceased person.
• Breach of duty. The defendant failed to meet that duty.
• Causation. The breach of duty directly caused the death of the loved one.
• Damages. The surviving family members suffered measurable losses because of the death, including financial and emotional harm.

The loss of a fetus qualifies for a wrongful death claim if the fetus was viable at the time of death under Texas law.

Who Can File a Wrongful Death Lawsuit in Texas?

Only the surviving spouse, children, and parents of the deceased can file a wrongful death lawsuit.

Who can file:

• Surviving spouse. This includes common-law spouses if the marriage was valid under Texas law.
• Children. Biological and legally adopted children qualify. Stepchildren do not qualify unless they were legally adopted by the deceased.
• Parents. Biological and legally adoptive parents qualify. This applies whether the deceased was a minor or an adult.

Who cannot file:

• Siblings, grandparents, aunts, uncles, cousins, nieces, nephews, and other extended family members cannot file a wrongful death lawsuit in Texas, regardless of how close they were to the deceased.
• Unmarried partners, fiancés, and domestic partners who were not legally married or in a recognized common-law marriage.

If the eligible family members do not file a wrongful death lawsuit within three months of the death, the personal representative of the deceased’s estate may file the lawsuit. A child who was placed for adoption but not yet legally adopted at the time of the parent’s death may still have a case, but an attorney has to evaluate these situations.

Common Causes of Wrongful Death Claims in Texas

Wrongful death claims in Texas arise from many types of accidents and incidents. Most common causes include:

• Fatal car accidents. Speeding, distracted driving, drunk driving, and reckless driving.
• Truck accidents. Violation of federal hours-of-service rules, overloaded trucks, and improper maintenance are common causes of fatal truck crashes.
• Workplace accidents. Construction site falls, equipment malfunctions, toxic chemical exposure, and trench collapses can be fatal.
• Medical malpractice. Surgical errors, anesthesia mistakes, misdiagnosis of life-threatening conditions, and medical errors can support wrongful death claims.
• Defective products. Faulty car parts, defective medical devices, and unsafe consumer products that cause fatal injuries fall under product liability claims.
• Premises liability. Falling objects, unmarked swimming pool hazards, and poor security hold accountable property owners who fail to fix dangerous conditions.
• Nursing home neglect. Dehydration, malnutrition, medical errors, falls, infected bedsores, and physical abuse can be fatal for elderly residents.

An attorney can evaluate your case and let you know how to file a wrongful death lawsuit in Texas.

What Damages Can You Recover in a Texas Wrongful Death Lawsuit?

Families can recover economic damages and non-economic damages, also called compensatory damages in Texas law. And in some cases punitive damages. Texas does not cap economic or non-economic damages in most wrongful death cases, but medical malpractice cases have a $500,000 cap on non-economic damages.

Economic damages are measurable, objective losses.

• Lost earning capacity. The income the deceased would have earned over their lifetime, including raises, promotions, and benefits.
• Lost household services. The value of tasks the deceased performed, such as childcare, home maintenance, cooking, cleaning, and yard work.
• Medical expenses. All medical bills incurred between the injury and the death.
• Funeral and burial costs. Reasonable expenses for services, casket, burial plot, headstone, and related costs.
• Lost inheritance. The money the deceased would have saved and passed to heirs.

Non-economic damages are subjective, non-financial losses.

• Mental anguish. The emotional pain, grief, and suffering experienced by the surviving family member.
• Loss of companionship. The loss of love, comfort, guidance, and emotional support the deceased provided.
• Loss of parental guidance. For minor children, the loss of a parent’s advice, teaching, discipline, and moral support throughout childhood.
• Loss of consortium. For a surviving spouse, the loss of physical intimacy, emotional support, and the marital relationship.

Punitive damages or exemplary damages. These are available only in cases of gross negligence or intentional harm. Texas caps them at $200,000 or twice the economic damages up to $750,000. Punitive damages are intended to punish the wrongdoer, not compensate the family.

Wrongful Death vs. Survival Action in Texas: What Is the Difference?

Wrongful death compensates surviving family members for their losses; a survival action recovers damages the deceased person suffered before dying. These are two separate legal claims that can be filed together in the same lawsuit.

Wrongful death is filed by the surviving spouse, children, or parents. A survival action is filed by the personal representative of the deceased’s estate on behalf of the heirs. Wrongful death proceeds go directly to the eligible family members who filed the claim, while survival action proceeds go to the deceased’s estate first.

In most fatal accident cases, the family files both a wrongful death claim and a survival action in Texas in the same lawsuit. The survival action covers the deceased’s pain, suffering, and medical expenses, and the wrongful death claim covers what the family lost. A survival action is not a replacement for wrongful death; it is a companion claim that addresses different damages.

How Long Do You Have to File a Wrongful Death Lawsuit in Texas?

Two years from the date of death under Texas Civil Practice and Remedies Code Section 16.003. If you miss the two-year deadline, your claim is permanently barred. There are only three specific exceptions:

• Minors under 18 years old. The statute of limitations is paused until the child turns 18. A minor child then has two years from their 18th birthday to file a wrongful death claim.
• Fraud or concealment by the defendant. If the other party fraudulently prevented the family from discovering they had a claim, the statute of limitations may be paused until the concealment is discovered or should have been discovered.
• Discovery rule. In rare cases where the death could not have been discovered through reasonable diligence within two years, the time may start when the death was discovered or should have been discovered. This is a rare exception.

If you miss the deadline, the family cannot recover anything from the at-fault party. The wrongful death lawsuit statute of limitations is strict. Do not assume an exception applies to your case, as for most cases, the two-year deadline is absolute and immediate.

What If the Deceased Was Partially at Fault?

Texas follows a modified comparative fault rule where families can still recover damages if the deceased was less than 51% at fault, but the award is reduced by their percentage of fault. If the deceased is found to be 51% or more at fault, the family recovers nothing from the other party. This is a complete bar to recovery.

Partial fault still grants a case. A wrongful death attorney can evaluate the evidence and build a case that minimizes the fault assigned to the deceased while maximizing the fault of the other party.

How Does the Texas Wrongful Death Lawsuit Process Work?

Most Texas wrongful death cases follow six stages from initial consultation to final resolution.

1. Free consultation. You meet with a wrongful death attorney to discuss what happened, who was at fault, and whether you have a valid claim. The attorney evaluates the facts, explains your legal options, and answers your questions.
2. Investigation and evidence gathering. The attorney collects police reports, medical records, witness statements, accident scene photos, surveillance footage, and expert opinions.
3. Filing the lawsuit. If negotiations do not produce a fair settlement, the attorney files a formal wrongful death lawsuit in the appropriate Texas court.
4. Discovery phase. Both sides exchange evidence, take depositions (court testimony), and interview witnesses.
5. Settlement negotiations. Most wrongful death cases settle before trial. Your attorney negotiates with the insurance company to reach a fair settlement that covers your economic and non-economic losses. If the insurance company refuses to offer a fair amount, the case moves toward trial.
6. Trial if needed. If settlement is not possible, the case goes to a jury trial. A Texas jury hears the evidence, determines fault, and decides how much money the family should recover. 

Most cases settle before trial, but families should understand both paths and how to file a wrongful death lawsuit in Texas. Thompson Law handles wrongful death cases on a contingency fee basis. You pay nothing upfront. No fees unless we win.

Get a Free Case Review From a Texas Wrongful Death Lawyer

Thompson Law offers Texas families a free consultation with no fees unless we win. If you lost a loved one because of someone else’s negligence, we can help you understand your legal options. Contact us today to speak with a wrongful death lawyer about your case.

FAQ

Can you sue for wrongful death in Texas if there was also a criminal case?

Yes, a wrongful death lawsuit is a civil claim, separate from any criminal case. You can pursue a wrongful death claim even if the defendant is never charged with a crime or is convicted.

Who gets the money from a wrongful death lawsuit in Texas?

The money goes to the eligible family members who filed the lawsuit: surviving spouse, children, and parents. The distribution is typically based on each family member’s losses and their relationship to the deceased.

Is there a cap on wrongful death damages in Texas?

Texas does not cap economic or non-economic damages in most wrongful death cases. Medical malpractice wrongful death cases have a $500,000 cap on non-economic damages per defendant, and punitive damages are capped at $200,000 or twice the sum of economic and non-economic damages (up to $750,000 total).

What is the success rate of wrongful death lawsuits in Texas?

Most wrongful death cases with clear liability and strong evidence settle before trial. According to Texas state court data, approximately 95% of civil cases settle. An attorney can evaluate your specific case.

How long does a wrongful death case take in Texas?

Most wrongful death cases take 12 to 24 months from filing to resolution. Simple cases with clear liability and minor disputes may settle in 6 to 12 months, while complex cases involving multiple defendants, disputed fault, or medical malpractice can take 2 to 3 years or longer.

What happens if you miss the statute of limitations for a wrongful death claim in Texas?

Your claim is permanently barred. The court will dismiss your case, and you cannot refile it. There are very narrow exceptions for minors, fraud, and concealment, but you cannot assume they apply. Act before the two-year deadline.

¿Hablan español y pueden ayudar a familias en Texas con casos de muerte por negligencia?

Sí. Thompson Law tiene abogados y personal que hablan español y pueden ayudar a familias en Texas con casos de muerte por negligencia. Ofrecemos consultas gratuitas en español, y no cobramos a menos que usted gane.