When someone's life is cut short by another person's negligence, a Texas wrongful death claim is the legal path that holds the responsible party accountable and pursues compensation for the family left behind.
Every wrongful death case in Texas is different. The cause, the responsible parties, the surviving family's circumstances, and the evidence available all shape what the case is worth and how it must be pursued. Getting those elements right requires experienced legal representation from the start.
The Calderon Law Firm has recovered more than $214 million for Texas families, including families who lost someone to negligence. We serve clients across the state. Free case reviews. No fee unless we win.
Call (346) 999-5673 today.
What Is a Wrongful Death Claim Under Texas Law?
A wrongful death claim is a civil lawsuit filed by surviving family members when a person dies because of another party's negligence, recklessness, or intentional wrongdoing. It is separate from any criminal investigation or prosecution.
The purpose of a wrongful death claim is twofold. It pursues financial compensation for the family's losses. And it holds the responsible party accountable in a way that a criminal case, if there even is one, often cannot.
What Texas Law Governs Wrongful Death Claims?
Texas wrongful death claims are governed by Chapter 71 of the Texas Civil Practice and Remedies Code. The statute gives specific family members the right to sue for the death of a loved one caused by another's wrongful act, neglect, carelessness, unskillfulness, or default.
The statute also establishes who can bring the claim, what damages are available, and how long the family has to act.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
These are two separate claims that often arise from the same death, and families frequently pursue both simultaneously.
A wrongful death claim compensates the surviving family members for their own losses, including loss of financial support, loss of companionship, and their own emotional suffering. A survival action, governed by Texas Civil Practice and Remedies Code Section 71.021, compensates the deceased person's estate for what the deceased suffered before death, including their pain, medical expenses, and lost earnings from the time of injury to death.
An attorney evaluates both claims and pursues each where applicable.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who has the right to file a wrongful death lawsuit. Not every relative qualifies, and the order of who can sue matters.
Under the Texas wrongful death statute, the following family members have the right to bring a claim: the surviving spouse, the surviving children of the deceased, and the surviving parents of the deceased. Other relatives, including siblings and grandparents, generally do not have standing to sue under the Texas wrongful death statute.
What If No Family Member Files Within Three Months?
If the surviving spouse, children, and parents do not file a wrongful death lawsuit within three months of the death, the executor or administrator of the deceased's estate may file on behalf of the estate, unless the family members specifically instruct otherwise.
Can Adult Children and Minor Children Both File?
Yes. Adult children and minor children have equal standing under the Texas wrongful death statute. When minor children are among the surviving beneficiaries, the statute of limitations may be tolled, meaning paused, until each minor child reaches adulthood. An attorney identifies every eligible family member and structures the claim to protect all of their rights.
Call (346) 999-5673 to find out who in your family can file and when.
What Causes of Death Lead to Wrongful Death Claims in Texas?
Any death caused by another party's negligence, recklessness, or intentional conduct can give rise to a wrongful death claim. In Texas, the most common causes include the following.
Traffic and Commercial Vehicle Accidents
Car accidents, truck accidents, and crashes involving commercial vehicles are among the leading causes of wrongful death claims in Texas. When a commercial trucking company or a negligent driver causes a fatality, a wrongful death lawsuit pursues compensation from the driver, the trucking company, and any other party whose negligence contributed.
Workplace and Industrial Accidents
Texas's energy sector, construction industry, and manufacturing facilities are among the most dangerous work environments in the country. When a worker dies because of a defective piece of equipment, a safety violation, or a third party's negligence, a wrongful death claim can be pursued against responsible parties beyond the workers' comp system.
Explosions, Fires, and Industrial Disasters
Plant explosions, refinery fires, and chemical exposure incidents in Texas have taken lives across the state. When an industrial disaster results from a company's failure to maintain safe conditions, the family of a victim has a wrongful death claim against the responsible company regardless of whether the victim was an employee, a contractor, or a bystander.
Defective Products
When a vehicle defect, a faulty piece of industrial equipment, or a defective consumer product causes a death, the manufacturer may be liable under a product liability theory. These cases can run parallel to or in addition to a negligence-based wrongful death claim.
How Does Comparative Fault Apply When the Deceased Was Partly at Fault?
Texas applies proportionate responsibility principles to wrongful death cases. If the deceased person bore some responsibility for the circumstances that led to their death, the family's recovery is reduced by that percentage of fault.
The family can still recover as long as the deceased's share of fault was 50% or less. If the deceased was found to be more than 50% responsible, the family cannot recover through a wrongful death claim.
Insurance companies and defense attorneys routinely try to assign as much fault as possible to the deceased to reduce or eliminate what they must pay the family. An attorney challenges those fault assignments with evidence and expert analysis.
How Do Multiple Defendants Affect a Wrongful Death Case?
When more than one party contributed to the death, each defendant bears responsibility proportional to their share of fault. In a trucking accident, for example, the driver, the trucking company, and possibly a maintenance contractor may each share liability.
Identifying every responsible party early is critical. An attorney sends preservation demands and begins the investigation before evidence disappears and before defendants have time to coordinate their defenses.
What Damages Can a Texas Wrongful Death Claim Recover?
Texas wrongful death law allows surviving family members to recover two categories of damages: economic and non-economic.
What Are Economic Damages in a Texas Wrongful Death Case?
Economic damages represent the measurable financial impact of the loss. They include:
- The financial support the deceased provided and would have continued to provide
- The value of household services and childcare the deceased performed
- Medical and funeral expenses related to the death
- Lost inheritance that the deceased would have accumulated and passed to the family
What Are Non-Economic Damages in a Texas Wrongful Death Case?
Non-economic damages address the human losses that do not appear on a balance sheet. They include mental anguish suffered by surviving family members, loss of companionship and society, loss of the comfort and counsel the deceased provided, and loss of parental guidance for surviving children.
Texas does not cap non-economic damages in most wrongful death cases outside of medical malpractice. An attorney works with economic experts to document and present the full scope of both categories.
Can Exemplary Damages Be Recovered in a Texas Wrongful Death Case?
Yes, in some circumstances. When the death resulted from gross negligence or malicious conduct, Texas courts may allow exemplary damages, sometimes called punitive damages, in addition to compensatory damages. These require a higher burden of proof and specific jury findings. An attorney evaluates whether the facts support a claim for exemplary damages.
How Long Does a Texas Family Have to File a Wrongful Death Claim?
Two years. Under Texas Civil Practice and Remedies Code Section 16.003, a wrongful death lawsuit must be filed within two years of the date of the death.
Missing this deadline permanently extinguishes the family's right to sue, regardless of how strong the case is.
Are There Exceptions to the Two-Year Deadline?
Two important exceptions apply. First, when minor children are among the beneficiaries, the statute of limitations may be tolled as to their individual claims until they reach adulthood. Second, claims against government entities in Texas require a formal notice of claim filed within six months. An attorney identifies every applicable deadline on the first day.
What Should a Family Do Immediately After a Wrongful Death?
The hours and days after a sudden death are overwhelming. But certain actions taken early can protect the family's legal rights significantly.
Do not sign any document from the responsible party's insurance company without an attorney reviewing it. Insurance representatives sometimes contact families within days of a death with settlement offers or documents framed as routine paperwork.
Preserve any physical evidence related to the accident or incident. Photographs, damaged vehicles, equipment, and anything connected to the cause of death should not be altered or discarded.
Request copies of all accident reports, medical records, and any employer incident reports. These documents form the factual foundation of the case.
Contact The Calderon Law Firm at (346) 999-5673. The earlier an attorney gets involved, the more evidence can be preserved and the stronger the case can be built.
Ask The Calderon Law Firm
Q: The person who caused my family member's death has no insurance or assets. Is there any point in filing a wrongful death claim?
A: Yes, in many cases. A single uninsured individual may not be the only responsible party. An attorney investigates every party whose negligence contributed to the death. A trucking company, an employer, a property owner, or a product manufacturer may share liability and carry substantial insurance. Additionally, your own uninsured motorist coverage may apply if the death involved a vehicle accident. An attorney maps every potential source of recovery before advising on whether to proceed.
Q: My brother died in a workplace accident in Texas and his employer is claiming it was his own fault. What can we do?
A: The employer's position is a starting point, not a final determination. An attorney independently investigates the accident, reviews the equipment involved, identifies any third parties who contributed, and challenges the fault attribution with evidence. Even if your brother bore some responsibility, the family may still recover as long as his share of fault was 50% or less. And if the employer is a non-subscriber to workers' compensation, the employer cannot use contributory negligence as a defense at all.
Q: My father died in a car accident caused by a drunk driver in Texas. Can we also pursue a wrongful death claim against the bar that served the driver?
A: Possibly. Texas has a dram shop law, codified at Texas Alcoholic Beverage Code Section 2.02, that allows claims against establishments that provide alcohol to an obviously intoxicated person who then causes harm. If the bar served the driver when they were visibly intoxicated, the bar may share liability alongside the driver. An attorney evaluates the facts and the bar's service records as part of the investigation.
Q: How long does a Texas wrongful death case typically take to resolve?
A: It depends on complexity and whether it settles or goes to trial. Cases with clear liability sometimes resolve in six to twelve months. Cases involving disputed liability, multiple defendants, or complex causation can take two to three years or more. An attorney gives a realistic timeline after reviewing the specific facts. Speed matters less than making sure the resolution reflects the full value of the family's loss.
Why Texas Families Trust The Calderon Law Firm for Wrongful Death Cases
A wrongful death case carries legal complexity alongside grief. The families who contact us are dealing with both at the same time.
Jose Calderon and our team handle the legal complexity so families can focus on what matters. We investigate quickly, preserve evidence, identify every responsible party, and build the case with the seriousness that every life lost to negligence warrants.
We serve families across Texas, from Houston and the Gulf Coast to the Rio Grande Valley, San Antonio, and beyond. We handle cases in English and Spanish. And we do not charge fees unless we recover compensation for your family.
More than 5,000 Texas families have trusted us. We have recovered more than $214 million. No fee unless we win. Available 24/7.
Call (346) 999-5673 for a free case review. Se habla español.
Houston Wrongful Death Lawyer | Work Injuries | Truck Accidents | Explosions | All Practice Areas
Frequently Asked Questions About Wrongful Death Claims in Texas
Can a wrongful death claim be filed if criminal charges are also pending?
Yes. A civil wrongful death claim and a criminal prosecution are entirely separate proceedings. A criminal case requires proof beyond a reasonable doubt and is brought by the state. A civil wrongful death case requires proof by a preponderance of the evidence and is brought by the family. A family can pursue a wrongful death claim even if the responsible party is acquitted in criminal court.
What if the deceased did not have a will or estate plan?
A wrongful death claim belongs to the surviving beneficiaries, not to the estate. It does not go through probate. Even without a will, the surviving spouse, children, and parents retain the right to file and recover. A survival action claim, which belongs to the estate, may require probate proceedings, but an attorney manages that process alongside the wrongful death claim.
What if multiple family members disagree about whether to file a wrongful death claim?
Under Texas law, any one eligible family member can file independently. One family member's decision not to participate does not prevent another from pursuing the claim. However, a unified claim typically produces a stronger outcome. An attorney facilitates family coordination and advises on how to structure the claim to protect everyone's interests.
Does filing a wrongful death claim affect any life insurance proceeds the family receives?
No. Life insurance proceeds and a wrongful death judgment or settlement are independent of each other. Collecting one does not reduce the other. An attorney addresses any attempt by the responsible party's insurer to argue otherwise and protects the family's right to recover from all available sources.
Talk to a Texas Wrongful Death Lawyer at The Calderon Law Firm
No legal case can return what your family lost. But a wrongful death claim can bring accountability, answers, and the financial support your family needs to move forward.
The Calderon Law Firm is ready to help. Free case review. No fee unless we win. Available 24/7.
Call (346) 999-5673 or contact us online.
6750 W Loop S #920, Bellaire, TX 77401 | (346) 999-5673 | Se habla español.