Texas has a specific wrongful death statute that defines who can file, what damages are available, and how the process works. Families who have lost a loved one due to another's negligence have important legal rights under Texas law.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
Texas statute of limitations for wrongful death claims: 2 years from the date of death (Tex. Civ. Prac. & Rem. Code § 16.003). This is one of the most strictly enforced deadlines in Texas civil law.
Under the Texas Wrongful Death Act (Tex. Civ. Prac. & Rem. Code § 71.001), only the surviving spouse, children, and parents of the deceased can bring a wrongful death claim. Siblings and other relatives do not have standing under Texas law. If no family member files within 3 months of the death, the personal representative of the estate may file on the family's behalf.
Texas-Specific Tip
Texas allows both a wrongful death claim (for the family's losses) and a survival action (for the deceased's own pain and suffering before death) to be filed simultaneously. Many Texas families leave significant money on the table by not pursuing both. Make sure your attorney files both claims.
📊 Texas consistently records among the highest numbers of wrongful death claims related to traffic accidents, workplace incidents, and oil field fatalities in the United States.
Contact a Texas wrongful death attorney immediately — evidence preservation is critical
Preserve all evidence related to the incident — do not allow anything to be discarded or repaired
Obtain the official death certificate as soon as it is available
Document all expenses — medical, funeral, burial costs
Do NOT accept any early settlement from the at-fault party's insurance
Be aware that Texas allows both a wrongful death claim AND a survival action — ask your attorney about both
The 2-year statute of limitations runs from the date of death — not the date of the incident if they differ
Under the Texas Wrongful Death Act, only the surviving spouse, children (including adult children), and parents of the deceased have standing to file. Siblings, grandparents, and other relatives do not have standing under Texas law. If none of these family members file within 3 months of the death, the estate's personal representative may file.
Texas wrongful death damages include: loss of the deceased's financial contributions (past and future earnings), loss of companionship, care, and guidance for the spouse and children, loss of parental care and education for minor children, mental anguish of surviving family members, and funeral and burial expenses. Texas also allows a survival action for the deceased's own pain and suffering before death.
2 years from the date of death (Tex. Civ. Prac. & Rem. Code § 16.003). This deadline is strictly enforced. Contact an attorney immediately — do not wait. If the death involved a government vehicle or employee, the deadline may be significantly shorter.
Yes. A civil wrongful death case is completely separate from any criminal proceeding. The burden of proof in civil court is much lower (preponderance of the evidence vs. beyond a reasonable doubt). You can pursue a civil wrongful death claim regardless of whether criminal charges are filed or what the outcome of any criminal case is.
No upfront cost. Contingency fees — you only pay if you win.
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