We handle these cases with the gravity they require. Most wrongful-death clients aren't sure they even want to pursue a claim — and frankly, no one should make that decision in the first few weeks of grief. We talk through what's possible, what's not, and what your family deserves.
When you're ready, Texas law provides two parallel ways to recover: a wrongful death claim for the survivors' losses and a survival action for damages the deceased themselves would have been entitled to had they lived. Together, these claims can hold a negligent party accountable for everything the death has taken from a family.
Texas wrongful death law in plain English
Two parallel claims after a Texas death
1. Wrongful Death Claim (the survivors' claim)
Brought by the surviving spouse, children, and parents (or any one of them on behalf of all) for the losses they have suffered from the death:
- Loss of earning capacity (what the deceased would have earned)
- Loss of companionship and society
- Loss of guidance, counsel, and advice (for surviving children)
- Loss of household services (childcare, eldercare, home maintenance)
- Loss of inheritance
- Mental anguish of the surviving family
- Funeral and burial expenses
2. Survival Action (the estate's claim)
Brought by the deceased's estate (executor or personal representative) for what the deceased themselves would have been entitled to recover had they survived:
- Pre-death pain and suffering
- Pre-death mental anguish
- Medical expenses from injury to death
- Lost wages from injury to death
- Property damage
Common causes of Texas wrongful death cases
- Fatal car accidents
- Truck and 18-wheeler crashes
- Motorcycle and bicycle fatalities
- Pedestrian deaths
- Workplace fatalities (especially oilfield, construction)
- Premises liability deaths (pool drownings, falls)
- Medical malpractice (different statute applies)
- Defective product fatalities
- DUI / impaired driver fatalities
What we do in a wrongful death case
- Preserve evidence early. Surveillance video, vehicle data, scene photos, witness statements — all of it deteriorates fast.
- Identify every liable party. Often there are more than one — a driver, an employer, a vehicle manufacturer, a property owner.
- Map every insurance policy. Liability, excess, umbrella, employer policies, UM/UIM on the deceased's own policy.
- Build the economic-damages case. Forensic economists, vocational experts, and life-care planners help quantify what the deceased's future would have been.
- Present the non-economic case. Mental anguish and loss-of-companionship damages are highly individual — they require thoughtful presentation.
Frequently asked questions
Who can file a wrongful death lawsuit in Texas?
Under the Texas Wrongful Death Act (Tex. Civ. Prac. & Rem. Code §§ 71.001–71.012), the right to bring a wrongful death claim belongs exclusively to the surviving spouse, children (biological and adopted), and parents of the deceased. Siblings, grandparents, and other relatives generally cannot file.
What's the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family for their losses (loss of companionship, financial support, etc.). A survival action (Tex. Civ. Prac. & Rem. Code § 71.021) is brought by the estate for the deceased's own injuries — pre-death pain and suffering, medical expenses, and lost wages from injury to death. Both claims usually run together and are litigated as one case.
How long do we have to file a Texas wrongful death claim?
Generally two years from the date of death under Tex. Civ. Prac. & Rem. Code § 16.003. Different deadlines may apply for medical malpractice deaths or claims against governmental entities (which can be as short as six months for notice). Call us early.
Can we still recover if my loved one was partly at fault?
Possibly, yes. Texas's modified comparative fault rule allows recovery as long as the deceased was 50% or less responsible. Recovery is reduced by their share of fault. We've handled cases where the surviving family was told "no recovery" by another firm and we proved otherwise.
What if there's a criminal case against the driver who caused the death?
The criminal and civil cases are completely separate. A DUI manslaughter conviction can powerfully support a civil wrongful death claim — and often supports punitive damages — but you don't need a conviction to recover. The civil case has a lower burden of proof.