Wrongful Death Law in Texas

Under Texas Civil Practice and Remedies Code Section 71.004, only the deceased person's surviving spouse, children, and parents may bring a wrongful death claim. Siblings, grandchildren, and other relatives generally do not qualify. If none of those eligible family members files a lawsuit within three months of the death, the estate's personal representative — such as an executor or administrator — may file on their behalf, unless the eligible family members direct otherwise.

The deadline is generally two years from the date the person died, as set by Texas Civil Practice and Remedies Code Section 16.003(b). The clock starts on the date of death, not the date of the accident or injury that caused the death. If a lawsuit is not filed before the two-year deadline, courts will almost always dismiss the case entirely.

A wrongful death claim compensates surviving family members for losses they personally suffer — like lost financial support and the loss of a loved one's companionship. A survival action, governed by Texas Civil Practice and Remedies Code Section 71.021, allows the deceased person's estate to pursue damages for harm the person experienced before dying, such as conscious pain and suffering, medical expenses, and lost earnings. Both types of lawsuits can often be filed at the same time.

Eligible family members may seek compensation for the financial support the deceased would have provided, the value of household services they performed, funeral and burial costs, loss of companionship and care, and mental anguish. In cases involving especially reckless or intentional conduct, exemplary (punitive) damages may also be available, though Texas Civil Practice and Remedies Code Chapter 41 places limits on the size of those awards.

Yes, wrongful death claims can arise from medical negligence. However, Texas has separate rules for health care liability claims under Texas Civil Practice and Remedies Code Chapter 74, which may affect the timeline and require filing an expert report on the defendant health care provider within 120 days of service. These cases are legally complex, and contacting an attorney as soon as possible is important to avoid missing any deadline specific to medical malpractice wrongful death cases.

Texas does not cap most wrongful death damages in ordinary negligence cases. Exemplary (punitive) damages are capped under Texas Civil Practice and Remedies Code Chapter 41. If the wrongful death resulted from medical negligence, non-economic damages may be limited under Chapter 74. If a government entity caused the death, the Texas Tort Claims Act (Texas Civil Practice and Remedies Code Chapter 101) limits what may be recovered and imposes specific procedural requirements.

Claims against Texas state or local government entities are governed by the Texas Tort Claims Act (Texas Civil Practice and Remedies Code Chapter 101). These claims generally must still be filed within two years of the death, but additional notice requirements and damages caps apply. Some cities and counties may also impose shorter notice deadlines, so an attorney should be consulted immediately to ensure all required notices are submitted on time.