{"id":376696,"date":"2019-05-06T08:47:23","date_gmt":"2019-05-06T13:47:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/wrongful-death-laws-in-texas.html"},"modified":"2025-11-04T16:04:02","modified_gmt":"2025-11-04T21:04:02","slug":"wrongful-death-laws-in-texas","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/wrongful-death-laws-in-texas.html","title":{"rendered":"Wrongful Death Laws in Texas"},"content":{"rendered":"\n
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Wrongful Death Laws in Texas<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Wrongful death in Texas<\/span> is a legal claim that occurs when a person dies due to the negligence, wrongful act<\/span>, or misconduct of another. This type of lawsuit allows surviving family members<\/span> to hold the responsible party accountable. These beneficiaries<\/span> can file a civil action for financial compensation for losses resulting from their loved ones<\/span>\u2019 death.<\/p>\n\n <\/div>\n\n\n\n

Death comes for us all, but sometimes too soon. When a person dies because of someone else’s negligence or misconduct<\/a>, the surviving family members<\/span> may sue for wrongful death. This type of lawsuit allows the victim’s loved ones<\/span> to hold the responsible party accountable.<\/p>\n

Every state, including Texas<\/span>, has laws that dictate when a person has standing to file a wrongful death lawsuit<\/span>. Some states allow all immediate family members to file a wrongful death suit<\/span>. Others only allow the personal representative<\/span><\/a> of the decedent<\/span>‘s estate to file a legal action<\/span>.<\/p>\n

This article explains how Texas<\/span>‘s wrongful death laws<\/span> work. It also discusses who has standing to file this type of lawsuit and the damages that can be demanded from the at-fault party<\/span>. If you recently lost<\/span> a loved one<\/span> due to another person’s negligence or reckless behavior, contact a local wrongful death attorney<\/span><\/a>.<\/p>\n

Wrongful Death Laws<\/span> in Texas<\/span>: Overview<\/strong><\/h2>\n

It can be challenging to read and interpret legal statutes. Unless you’re an attorney, you may have a hard time understanding exactly how Texas<\/span>‘s wrongful death laws<\/span><\/a> work. Below is a plain language summary of Texas<\/span>‘s wrongful death laws<\/span> to help guide your research.<\/p>\n

Statute<\/strong><\/h3>\n

Texas<\/span> Civil Practice and Remedies Code<\/span> Section 71.002<\/a><\/p>\n

Definition of Wrongful Death<\/strong><\/h3>\n

A wrongful death occurs when an individual causes the death of a person<\/span> through a wrongful act<\/span>, neglect<\/a>, unskillfulness, default, or carelessness.<\/p>\n

To prove fault, you must prove the defendant had a duty of care<\/a> and breached that duty, directly causing the victim’s death.<\/p>\n

Time Limit<\/span><\/strong><\/h3>\n

The statute of limitations<\/span><\/a> for a wrongful death lawsuit<\/span> in Texas<\/span> is two years. You must file your claim within two years of your loved one<\/span>‘s date of death<\/span>. If you don’t file your claim within the legal time limit<\/span>, you’ll lose your chance to pursue damages.<\/p>\n

Who Can File a Wrongful Death Claim<\/span><\/strong><\/h3>\n

According to Texas<\/span>‘s wrongful death statute<\/span>, the following beneficiaries<\/span><\/a> can file a wrongful death lawsuit<\/span><\/a>:<\/p>\n