Losing a family member because of someone else's negligence is one of the hardest things a family can go through. Filing a wrongful death lawsuit in Texas can't undo that loss, but it can help your family find some stability during a difficult time.
Texas law sets clear rules for who can file, what kinds of claims apply, and how the process moves forward, from the first filing to how money eventually gets divided among family members.
Key Takeaways About Filing a Wrongful Death Lawsuit in Texas
- In Texas, only a surviving spouse, children, or parents can usually file a wrongful death claim, and there is generally a two-year deadline from the date of death.
- Texas law often treats wrongful death and survival claims as two separate legal actions, even though both come from the same death.
- A lawyer's role often includes identifying every party who may share responsibility, not just the most obvious one.
- Insurance companies may respond quickly after a death, and early statements can sometimes be used to reduce what they pay later.
- Acting without legal help can mean missing deadlines or losing access to evidence that may no longer exist.
What Is the Process for Filing a Wrongful Death Lawsuit in Texas?
Filing a wrongful death lawsuit in Texas usually starts with figuring out who is legally allowed to file. From there, the case moves through filing the claim, gathering evidence, and reaching a resolution through settlement or trial. Only certain family members, or sometimes the deceased person's estate, can bring this type of claim. Every family's situation is different, and the right steps can vary based on the facts. Speaking with a lawyer can help you understand what applies to your case.
How Common Is Wrongful Death in Texas?
Unintentional injuries and serious accidents cause a significant number of deaths in Texas each year.
- In 2024, 4,150 people died in motor vehicle crashes across Texas, according to the Texas Department of Transportation.
- Unintentional injuries have been the leading cause of death in Texas for people ages 1 to 44 since 2000, and the state loses an average of 58 people to injury and violence each day, according to the Texas Department of State Health Services.
- In 2024, 557 Texas workers were killed in workplace accidents, according to the Texas Department of Insurance. A work-related death is one of several situations that can lead to a wrongful death claim.
What Is a Wrongful Death Lawsuit in Texas?
A wrongful death lawsuit is a civil claim filed by surviving family members when a person's death was caused by someone else's negligence or wrongful act. It's separate from any criminal case that might also follow the same death, and it focuses on supporting the family rather than punishing the responsible party.
What's the Difference Between a Wrongful Death Claim and a Survival Claim?
Texas often treats these as two separate legal claims, even though they come from the same death.
| Claim type | Who brings it | What it covers |
| Wrongful death claim | Surviving spouse, children, or parents | The family's own losses, like lost financial support and loss of companionship |
| Survival claim | The deceased person's estate | What the deceased could have claimed if they had lived, such as pain before death and medical bills |
These two claims are often filed together in the same lawsuit, since they come from the same event but cover different kinds of loss. The survival claim comes from Texas Civil Practice and Remedies Code Section 71.021.
What Problems Do Families Face When Filing a Wrongful Death Lawsuit?
A few common problems can slow down or complicate this process.
- Insurance companies sometimes reach out quickly after a death, before the family has had time to think clearly.
- Family members don't always agree right away on whether or how to move forward.
- Evidence like surveillance footage or physical records can disappear within days or weeks.
- Without a clear sense of who qualifies to file, valuable time can be lost early on.
Our role is to help sort through these issues early. We identify who can act on the family's behalf and work to gather evidence before it's gone.
Why Do Some Families Wait Too Long to Act?
Grief makes it hard to think about legal deadlines, and that's completely understandable. Many families simply need time before they're ready to consider a lawsuit. The challenge is that evidence and witness memories don't wait, even when a family needs to.
How Do Insurance Companies Respond After a Death?
Insurance companies often move quickly after a fatal accident. They may offer an early settlement before the full value of the loss is clear, or ask for statements that can later be used to reduce what they pay. A lawyer can handle these conversations on the family's behalf.
What Are the Key Laws and Deadlines in Texas?
Texas law sets specific rules for who can file and how long they have to do it.
Who Can File a Wrongful Death Lawsuit in Texas?
In most cases, only the surviving spouse, children, or parents of the deceased can file. Texas does not extend this right to siblings, grandparents, or other relatives.
If none of those family members file within three months of the death, the executor or administrator, meaning the person legally responsible for handling the deceased person's estate, may step in to bring the claim. This comes from Texas Civil Practice and Remedies Code Section 71.004, and it generally happens unless the eligible family members ask the executor not to.
How Long Do You Have to File in Texas?
In most cases, you have two years from the date of death to file a wrongful death lawsuit in Texas. This comes from Texas Civil Practice and Remedies Code Section 16.003(b).
The clock starts on the date of death, not the date of the original accident. This matters if your family member passed away some time after being hurt.
How Are Damages Divided Among Family Members?
When more than one family member is entitled to recover, a jury decides how to divide the money. Texas Civil Practice and Remedies Code Section 71.010 requires damages to be divided based on each person's loss.
This means a spouse and children, for example, might receive different shares depending on how the death affected each of them individually.
What Compensation May Include
Compensation in a wrongful death claim often covers a few main types of loss.
- Lost financial support the family would have received
- Loss of companionship and the relationship with the person who died
- Funeral and burial expenses
- Mental anguish experienced by surviving family members
In rare cases involving especially reckless conduct, Texas law may also allow exemplary damages, meaning money intended to punish the responsible party rather than to compensate the family directly.
When Should You Talk to a Lawyer?
In many cases, it helps to talk with a lawyer soon after losing a family member to someone else's negligence, especially when any of the following apply:
- You're not sure who in the family is eligible to file.
- An insurance company has already reached out with an offer.
- More than one party may share responsibility for the death.
- The circumstances of the death are unclear or disputed.
What Happens After You Decide to File?
The early steps usually involve identifying the right court, naming the responsible parties, and filing the petition that starts the case. From there, the case typically moves into gathering evidence and negotiating with insurance companies.
That part of the process generally follows the same path as other Texas personal injury cases. For more on how it works, see our guides on the discovery process and mediation versus trial.
Practical Steps Many Families Find Helpful
- Many families find it helpful to write down who in the family may be eligible to file, since this affects everything that follows.
- Keeping copies of medical bills, funeral costs, and any communication from insurance companies in one place can save time later.
- Waiting to give a recorded statement to an insurance adjuster until a lawyer has reviewed the situation can help protect the family's options.
- Asking a lawyer early about the survival claim, not just the wrongful death claim, can help make sure nothing gets left out.
- Giving yourself permission to take time to grieve, while still reaching out for legal guidance early, can help protect both your family and your case.
Ask The Calderon Law Firm: Wrongful Death Process Questions
Q: What if my family can't agree on whether to file a wrongful death claim? A: One eligible family member can generally file on behalf of all of them, since Texas law doesn't require every beneficiary to actively participate. Family disagreements are common, and a lawyer can often help everyone understand their options before deciding how to move forward.
Q: Do we need a separate lawyer for the survival claim and the wrongful death claim? A: Usually not. Since both claims come from the same death, one attorney typically handles both as part of the same case, even though they cover different kinds of loss.
Q: What happens to a survival claim if my family member could have filed a personal injury claim before they passed? A: That claim generally becomes part of the survival action, brought on behalf of the estate. It can include things like the pain they experienced and medical bills from before they died.
Q: Can we pursue funeral and burial costs without filing a full lawsuit? A: Sometimes, yes, through direct negotiation with an insurance company. The same deadlines generally still apply, though, so it often helps to have a lawyer involved even if a lawsuit isn't filed right away.
Wrongful Death Lawsuit Questions Answered by Attorneys
Is a wrongful death settlement taxable in Texas?
Generally, no. Compensation for the loss of a family member is typically not taxable at the federal or state level, though portions like exemplary damages may be treated differently. A tax professional can help confirm how it applies to your specific situation.
Can stepchildren or grandparents file a wrongful death claim in Texas?
Generally, no. Texas law limits this right to a surviving spouse, children, and parents of the deceased, unless a stepchild was formally adopted.
What if more than one party caused the death?
This happens often, especially in cases involving vehicles, workplaces, or multiple companies. A lawsuit can usually name more than one responsible party, and a lawyer can help identify everyone who may share responsibility.
Does a wrongful death lawsuit go through probate court?
Generally, no. The lawsuit itself is filed in civil district court, separate from probate. The estate's executor may still be involved, particularly for the survival claim portion of the case.
Can a wrongful death case settle without going to trial?
Yes, most do. For more on how often these cases settle versus go to trial, see our guide on the chances of winning a wrongful death suit in Texas.
Helping Your Family Find Solid Ground Again
No lawsuit can bring back the person your family lost. What it can do is help your family get answers, hold the responsible party accountable, and find some financial stability while you focus on healing.
The Calderon Law Firm has walked alongside Houston families through this process, including cases involving more than one responsible party or family members who weren't sure where to start. Founder and trial attorney Jose Calderon and our team work to make this process as clear and manageable as possible during an already difficult time.
Case reviews are free, and there's no fee unless we win your case. If your family is considering a wrongful death claim in the Houston area, call The Calderon Law Firm at 346-999-5673 to talk through your options at your own pace.