When negligence or wrongful conduct takes a life, Texas law gives the family a path to answers, accountability, and financial security.
A wrongful death claim allows certain surviving family members to recover for the losses they suffer when a person is killed by another's wrongful act, neglect, carelessness, or default. In Texas, these claims are governed by the Wrongful Death Act (Texas Civil Practice and Remedies Code Chapter 71). The claim exists separately from any criminal case—a family can pursue a civil wrongful death action whether or not anyone is criminally charged, because the burden of proof and the purpose are different.
There are actually two related claims that often travel together. The wrongful death claim compensates the surviving family for their own losses—the relationship, support, and companionship they will live without. The survival claim belongs to the deceased person's estate and recovers what the decedent could have recovered had they lived—for example, the conscious pain and suffering and medical expenses between injury and death. Together they aim to address the full scope of the harm.
To prevail, the family generally must show the same elements as any negligence case: that the defendant owed a duty, breached it, and that the breach caused the death and resulting damages. Wrongful death can arise from a vast range of conduct—motor vehicle and trucking collisions, unsafe premises and negligent security, defective products, industrial and oilfield accidents, and corporate decisions that put profit ahead of safety.
In Texas, a wrongful death suit generally must be filed within two years of the date of death. Certain circumstances can affect that deadline, but waiting risks both the claim and the evidence.
Under Texas law, a wrongful death claim may be brought by the deceased person's surviving spouse, children, and parents—they may file individually or together, and if none of them brings suit within a set period, the estate's representative may. Siblings, and more distant relatives, are generally not entitled to bring a Texas wrongful death claim.
The defendants are whoever's wrongful conduct caused the death. Depending on the facts, that can include:
Identifying every responsible party matters—both to tell the full truth of what happened and to reach the insurance and assets needed to make a recovery meaningful.
Texas wrongful death and survival damages are intended to address both the family's losses and the harm to the decedent. They may include:
Texas applies proportionate responsibility, so any recovery can be reduced by a percentage of fault attributed to the deceased, and a finding of more than 50% fault would bar recovery. Defendants frequently attempt to shift blame to the person who died—a tactic that a thorough, early investigation is meant to answer.
In the midst of grief, gathering paperwork is the last thing on anyone's mind. You do not have to do it alone—but to the extent you can, preserving the following helps protect the family's claim:
It is also wise not to give recorded statements to the other side's insurer or sign anything before getting advice, as early statements are often used to minimize a claim.
Even when the facts feel uncertain, a confidential conversation can clarify whether there is a claim worth pursuing and what answers may be available.
This page provides general information about Texas law and is not legal advice. It does not create an attorney-client relationship, and the law's application depends on the specific facts of each case. For advice about your situation, speak with a licensed attorney.
We handle wrongful death matters with compassion, discretion, and relentless preparation. Reach out for a confidential review.
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