Texas Wrongful Death Lawyer

Texas Wrongful Death Statute of Limitations

Texas sets a strict 2-year deadline for wrongful death claims. The clock starts on the date of your loved one's death — not when you discovered the negligence, and not when an investigation concludes.

Who Can File a Wrongful Death Claim in Texas?

Texas law limits wrongful death claims to three categories of family members, defined in Tex. Civ. Prac. & Rem. Code § 71.004(a):

• Surviving spouse
• Children (biological and adopted)
• Parents

Siblings, grandparents, and other relatives do not have standing under Texas law — even if they were financially dependent on the deceased.

How filing works in Texas: Eligible family members may file individually. If none of them file within 3 months of the death, the estate's executor or administrator may bring the action — but any recovery goes to the spouse, children, and parents, not to estate creditors.

What Damages Are Available?

Texas wrongful death claimants can recover:

• Pecuniary losses — lost financial support, services, care the deceased would have provided
• Loss of companionship and society — loss of the relationship, comfort, and guidance
• Mental anguish — grief and emotional suffering of the survivors
• Loss of inheritance — the net accumulation the deceased would have left

Survival action (separate claim): The estate may also bring a survival action to recover what the deceased personally suffered before death — including medical expenses, pain and suffering, and lost earnings from the time of injury to death. This runs alongside the wrongful death claim but is a distinct cause of action.

Medical malpractice cap: Texas limits non-economic damages to $250,000 per claimant against a single health care provider in medical malpractice cases, with a total cap of $500,000. This significantly affects wrongful death claims where a hospital or physician's negligence caused the death.

Common Causes of Wrongful Death in Texas

• Truck accidents — I-10, I-35, and I-45 rank among the most dangerous commercial freight corridors in the country. FMCSA violations can create liability against both the driver and the motor carrier.
• Oilfield and energy sector deaths — The Permian Basin, West Texas, and Gulf Coast operations. Equipment failures, H₂S exposure, and OSHA violations are recurring causes.
• Construction deaths — Texas leads the nation in construction employment. Falls, equipment accidents, and electrocution are the top causes.
• Medical malpractice — Surgical errors, misdiagnosis, medication errors. Note the non-economic damages cap described above.
• Nursing home negligence — Texas has a large elder care population. Federal nursing home regulations and the Texas Health & Safety Code both apply.
• Drunk driving deaths — Texas dram shop laws may create liability against bars and restaurants that over-served the driver.

Attorneys Advertising in Texas

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