Personal Injury — All 254 Texas Counties
Texas Wrongful Death Lawyers
When someone's negligence or wrongdoing takes a family member's life, Texas law provides a path to justice and financial recovery. Texas Defense Team handles wrongful death claims statewide with care, compassion, and the full force of our litigation experience. No fee unless we win.
Texas Wrongful Death Law — Who Can Bring a Claim
Texas wrongful death claims are governed by Tex. Civ. Prac. & Rem. Code Chapter 71. A wrongful death claim is available when a person's death is caused by the 'wrongful act, neglect, carelessness, unskillfulness, or default of another.'
Who may bring the claim: Under §71.004, the surviving spouse, children (including adult children), and parents of the deceased may bring a wrongful death claim. If they do not bring a claim within 3 months, the executor or administrator of the estate may bring it.
The 2-year statute of limitations: A wrongful death lawsuit must be filed within 2 years of the date of death under Tex. Civ. Prac. & Rem. Code §16.003. This deadline cannot be extended except in very narrow circumstances.
Survival claim: Separately from the wrongful death claim, the estate may bring a survival claim under Tex. Civ. Prac. & Rem. Code Chapter 71 for the deceased's own pain and suffering, medical expenses, and other damages between the time of injury and death.
- Tex. Civ. Prac. & Rem. Code §71.004 — Wrongful death — who may bring the claim
- Tex. Civ. Prac. & Rem. Code §71.002 — Wrongful death — liable parties
- Tex. Civ. Prac. & Rem. Code §16.003 — 2-year statute of limitations
What Damages Are Available in a Texas Wrongful Death Claim?
Texas wrongful death claimants may recover:
Pecuniary (economic) losses: The financial support the deceased would have provided to surviving family members — based on their income, age, health, and life expectancy.
Loss of companionship and society: The positive benefits of a family relationship — comfort, advice, counsel, training, and guidance — that surviving family members have lost.
Mental anguish: The grief, bereavement, and emotional suffering caused by the death — recoverable by the surviving spouse and children.
Loss of household services: The monetary value of services the deceased performed in the home.
Funeral and burial expenses.
Exemplary damages: Available when the death was caused by gross negligence, malice, or fraud under Tex. Civ. Prac. & Rem. Code §41.003.
Wrongful death cases are among the most serious personal injury matters we handle. Texas Defense Team approaches these cases with the sensitivity the situation demands and the determination your family deserves.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Texas?+
Under Tex. Civ. Prac. & Rem. Code §71.004, the surviving spouse, children (biological, adopted, and adult children), and parents of the deceased may bring a wrongful death claim. If none of these family members file within 3 months of the death, the estate's executor or administrator may file.
How long do I have to file a wrongful death claim in Texas?+
Two years from the date of death under Tex. Civ. Prac. & Rem. Code §16.003. This deadline is firm. Do not wait — evidence preservation, witness availability, and our investigation are all affected by delay.
What if my family member's death was caused by drunk driving?+
Drunk driving wrongful death cases involve both a civil claim against the driver and potentially a Dram Shop Act claim against the establishment that served the driver. Under Tex. Alco. Bev. Code §2.02, a seller who provides alcohol to an obviously intoxicated person may be liable if that intoxication causes a death. Texas Defense Team evaluates all potentially liable parties.