Wrongful Death Laws in Texas – A Complete Guide

The unexpected death of a loved one due to someone else’s actions can bring overwhelming emotional and financial burdens to surviving family members. While legal actions cannot undo the tragic loss, they can help provide financial stability and accountability for those left behind. When negligence or wrongful acts lead to death in Texas, surviving family members have specific legal rights.

We understand that in the aftermath of losing a loved one, legal complexities should be the last thing on your mind. However, understanding the basic principles of Texas wrongful death laws can help you make informed decisions during your initial consultation with a Texas wrongful death lawyer and throughout the legal process that follows.

What Is “Wrongful Death” in Texas?

There is a statute that defines wrongful death in Texas as the “wrongful act, neglect, carelessness, unskillfulness, or default” that causes the death of a person (Tex. Civ. Prac. & Rem. Code § 71.002). Wrongful death in Texas is a civil action.

Common scenarios leading to Texas wrongful death claims include:

• Fatal car and truck accidents on Texas highways
• Workplace accidents, particularly in construction, oil fields, and industrial settings
• Medical malpractice in hospitals, clinics, and healthcare facilities
• Defective product incidents involving consumer goods or industrial equipment
• Industrial accidents in Texas’s numerous manufacturing and processing facilities
• Maritime accidents in Texas ports and offshore operations
• Aviation accidents involving private or commercial aircraft

The law allows certain family members to pursue compensation when a death would have entitled the deceased person (the decedent) to file a personal injury claim had they survived. This right extends to deaths caused by both individual and corporate actions, including medical facilities, product manufacturers, and employers in certain circumstances.

Although wrongful death claims may arise from criminal acts like manslaughter or homicide, they remain CIVIL claims and operate independently from criminal proceedings. 

A primary distinction is that wrongful death lawsuits seek financial compensation for survivors, while criminal cases aim to punish the wrongdoer through incarceration or other penalties. The burden of proof also differs significantly between civil and criminal cases, making it possible to succeed in a wrongful death claim even if criminal charges were unsuccessful or never filed.

Essential Elements of a Texas Wrongful Death Lawsuit

To succeed in a Texas wrongful death lawsuit, plaintiffs must prove four key elements, each requiring specific evidence and legal argumentation:

1. Duty of Care

The defendant must have owed the decedent a duty of care to act reasonably under the circumstances to prevent harm to the decedent. This might include:

• Drivers’ duty to operate vehicles safely
• Doctors’ duty to provide appropriate medical treatment
• Manufacturers’ duty to produce safe products
• Property owners’ duty to maintain safe premises
• Employers’ duty to provide safe working conditions

2. Breach of Duty

Evidence must show the defendant failed to meet their obligations through action or inaction. Examples include:

• Texting while driving
• Performing surgery without proper precautions
• Releasing defective products
• Failing to address known safety hazards

3. Causation

The breach must directly lead to the death. This often requires expert testimony to establish:

• Medical causation in malpractice cases
• Accident reconstruction in vehicle crashes
• Engineering analysis in product liability cases
• Workplace safety expertise in industrial accidents

4. Damages

The death must result in measurable losses to surviving family members, both economic and non-economic.

Texas courts require plaintiffs to prove these elements by a “preponderance of the evidence” – meaning it’s more likely than not that the defendant’s actions caused the death. This standard is less stringent than the “beyond reasonable doubt” requirement in criminal cases.

Who Can File a Wrongful Death Claim in Texas?

Texas law specifically limits who can file wrongful death claims. You can file a wrongful death claim if:

• You are the surviving spouse.
• You are a surviving child (adult or minor).
• You are the surviving parent(s).
• You are a legally adopted child of the deceased.
• You are the surviving adoptive parent(s).
• You are the personal representative of the estate of the deceased.

Unlike some states, Texas does not allow siblings, grandparents, or other relatives to file wrongful death claims. If none of the eligible family members file within three months of the death, the executor or administrator of the deceased person’s estate may file the claim, unless all family members specifically request they not do so.

Damages Recoverable in Texas Wrongful Death Claims

Texas recognizes three categories of damages in wrongful death cases, each serving different purposes and requiring specific evidence:

Economic Damages

These quantifiable losses include:

• Lost earning capacity and future income
• Lost inheritance probability
• Lost care, maintenance, and household services
• Medical expenses related to the final injury or illness
• Funeral and burial expenses
• Lost benefits (pension, retirement, medical coverage)
• Property damage associated with the fatal incident

Non-Economic Damages

These more subjective losses include:

• Mental and emotional anguish
• Loss of companionship and society
• Loss of comfort, love, and guidance
• Lost parental guidance and nurturing
• Loss of intimate relations for surviving spouse
• Emotional trauma and psychological impact
• Loss of family relationship and support

Exemplary (Punitive) Damages

Texas allows exemplary damages in cases involving gross negligence or willful acts. However, these damages require clear and convincing evidence of egregious conduct, making them relatively rare. When awarded, they serve to:

• Punish particularly bad behavior
• Deter similar conduct by others
• Send a message about unacceptable actions

Texas Wrongful Death Statute of Limitations

In Texas, eligible family members generally have two years from the date of death to file a wrongful death lawsuit. However, certain circumstances may extend or limit this timeframe:

• Claims against government entities require notice within six months
• Medical malpractice cases may have additional requirements and notices
• The discovery rule may apply if the cause of death wasn’t immediately apparent, allowing the statute of limitations to be tolled (paused) until the cause is reasonably discovered
• Minors’ claims may be tolled until they reach adulthood
• Fraudulent concealment by the alleged wrongdoer may extend the deadline

Failing to file within these deadlines typically bars recovery, making prompt legal consultation crucial for preserving rights.

Claims Against Government Entities in Texas

Special rules apply when filing wrongful death claims against Texas government entities:

• Shorter notice requirements (usually six months)
• Specific procedural requirements and forms
• Damage caps under the Texas Tort Claims Act
• Different immunity rules depending on the entity involved, meaning a government entity may be immune from being sued
• Limited circumstances where claims are permitted
• Special venue and jurisdiction requirements

Will My Wrongful Death Case Settle in Texas?

While most civil cases settle before trial, several factors influence settlement likelihood:

• Strength and quality of evidence
• Clarity of liability
• Insurance coverage amounts
• Defendant’s willingness to negotiate
• Family’s patience and settlement goals
• Complexity of the case
• Number of parties involved
• Venue considerations, which determine the appropriate court or jurisdiction for filing the lawsuit

Settlement advantages include:

• Faster resolution of the claim
• Guaranteed compensation amount
• Reduced legal costs and expenses
• Avoiding emotional strain of trial
• Privacy protection for family
• Certainty of outcome
• Control over the resolution

However, some cases require litigation to achieve fair compensation, particularly when defendants dispute liability or offer inadequate settlements.

How Thompson Law Can Help Your Wrongful Death Case

Navigating Texas wrongful death claims requires extensive legal knowledge and experience. Beyond filing deadlines, cases involve complex procedures, evidence rules, and negotiation strategies. An experienced Texas wrongful death attorney can:

• Investigate the death circumstances thoroughly
• Gather and preserve crucial evidence
• Handle insurance company communications
• Calculate fair compensation amounts
• Navigate court procedures and requirements
• Represent family interests in negotiations
• Present a compelling case at trial if necessary
• Manage expert witnesses and testimony
• Coordinate with other involved parties
• Ensure compliance with all legal requirements

Our firm handles wrongful death cases on a contingency fee basis – meaning we only get paid if we secure compensation for you. This arrangement ensures our interests align with yours and provides access to quality legal representation without upfront costs.

If you’ve lost a loved one due to someone else’s negligence in Texas, contact our experienced wrongful death attorneys for a free consultation. We’ll explain your legal rights, evaluate your case’s strength, and help determine the best path forward during this difficult time. Our compassionate team understands the emotional and financial challenges you face and will work tirelessly to seek the justice and compensation your family deserves.

Contact Thompson Law Today

When someone you love dies because of the negligence of another person, it can be a hurtful and scary time. It can be hard to make decisions or know what you should do. If you have questions about wrongful death claims or survival actions in Texas, call us. We’ve got answers. Our compassionate and experienced Texas wrongful death attorneys can help you understand the laws and provide free case evaluations.

Call Thompson Law anytime at 866-293-4768 or send us a message online to set up a free initial consultation.