Wrongful Death Laws in Texas

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

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

This article explains how Texas‘s wrongful death laws 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. If you recently lost a loved one due to another person’s negligence or reckless behavior, contact a local wrongful death attorney.

Wrongful Death Laws in Texas: Overview

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‘s wrongful death laws work. Below is a plain language summary of Texas‘s wrongful death laws to help guide your research.

Statute

Texas Civil Practice and Remedies Code Section 71.002

Definition of Wrongful Death

A wrongful death occurs when an individual causes the death of a person through a wrongful act, neglect, unskillfulness, default, or carelessness.

To prove fault, you must prove the defendant had a duty of care and breached that duty, directly causing the victim’s death.

Time Limit

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

Who Can File a Wrongful Death Claim

According to Texas‘s wrongful death statute, the following beneficiaries can file a wrongful death lawsuit:

• The surviving spouse
• The deceased person‘s children
• The parents of the deceased
• The person handling the victim’s estate, if three months have passed since the death with none of the family members filing a lawsuit

Monetary Damages Available

If you file a cause of action for wrongful death, you may recover some or all of the following types of damages:

• Loss of financial support
• Lost income
• Loss of companionship
• Loss of consortium
• Emotional distress

There may be damages available in a survival action:

• The deceased person‘s pain and suffering
• Medical bills
• Funeral expenses
• Burial expenses

In cases involving egregious behavior, the judge may order the defendant to pay punitive damages, also known as exemplary damages. Judges reserve these damages for cases involving gross negligence or willful misconduct.

After you file your cause of action, your personal injury lawyer will try to settle the case. Very few of these cases go to trial, so there’s a good chance you’ll resolve your wrongful death case out of court.

Wrongful Death Claims Versus Survival Claims

In addition to being able to file a wrongful death claim, Texas law also allows you to file a survival action. In a survival claim, the personal representative of the estate sues the defendant for damages the victim could’ve demanded had they survived the accident.

The basic differences between the types of claims are as follows:

• Wrongful death claims: Family members seek compensation for lost financial support, loss of companionship, and so forth
• Survival claims: The deceased person‘s estate seeks compensation for the deceased person‘s medical expenses, pain and suffering, and property losses, allowing the estate to file the personal injury claim or lawsuit the injured person might have brought had they survived

Disclaimer: State laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide readers with the most current information, consult a wrongful death attorney or conduct further legal research to verify your state laws.

Seek Legal Advice for Your Texas Wrongful Death Claim

Losing a loved one is always hard. When they die in a tragic accident, it can be highly traumatic. Regardless of whether the responsible party meant to kill your loved one, it’s understandable to want to hold them responsible. Depending on the facts surrounding your family member’s death, you may have standing to file a wrongful death case.

The best way to determine if you should pursue a personal injury lawsuit is to talk to an experienced wrongful death attorney. When you first meet with your attorney, they’ll review your case and tell you what it may be worth. They’ll also let you know how strong your legal claim is.

Consider contacting a wrongful death lawyer to schedule a free case evaluation. You need to take time to grieve the loss of your loved one. Let a skilled attorney deal with the insurance companies while you focus on what’s important.

Texas Wrongful Death Laws: Related Resources

• Wrongful Death FAQ
• Wrongful Death Claims: Time Limits and the “Discovery” Rule
• Texas Medical Malpractice Lawyers