Wrongful Death Laws in Texas
If your family has lost a loved one due to someone else's negligence, recklessness, or intentional misconduct in Texas, you may have the right to file a wrongful death lawsuit. Texas wrongful death law provides surviving family members with a legal path to recover financial compensation for their losses — including lost income, funeral expenses, and the devastating emotional impact of losing someone who should still be alive.
This guide covers everything you need to know about filing a wrongful death claim in Texas: the filing deadline, who has standing to sue, what damages are available, how government claims work, and the specific rules that make Texas different from other states.
Statute of Limitations — 2 years Filing Deadline
Under Tex. Civ. Prac. & Rem. Code § 16.003, the statute of limitations for wrongful death claims in Texas is 2 years from the date of death. This is a hard deadline — if the family does not file the lawsuit within this period, the court will almost certainly dismiss the case regardless of how strong the evidence is.
Texas applies the discovery rule in limited circumstances, primarily medical malpractice cases where the negligent act was inherently undiscoverable at the time of death.
Government Claims Notice
Claims against Texas governmental units are governed by the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code § 101.001 et seq.). Notice must be given within six months. Governmental liability is limited to $250,000 per person and $500,000 per occurrence for bodily injury or death.
Who Can File a Wrongful Death Lawsuit in Texas
Under Tex. Civ. Prac. & Rem. Code § 71.004, a wrongful death action in Texas may be filed by surviving spouse, children, and parents of the deceased. These individuals may file individually or together. If none of the statutory beneficiaries file within three calendar months after the death, the personal representative of the estate may bring the action. Texas does not allow siblings, grandparents, or extended family members to file wrongful death claims.
Understanding filing rights is critical because a case filed by the wrong party can be dismissed on procedural grounds, even if the underlying facts strongly support liability. If you are unsure whether you have standing to file, an experienced Texas wrongful death attorney can evaluate your situation during a free consultation.
Damages Available in Texas Wrongful Death Cases
Texas allows recovery of lost earning capacity, loss of companionship and society, mental anguish, loss of inheritance, and funeral and burial expenses. Texas does not cap non-economic damages in most wrongful death cases, though medical malpractice cases are subject to caps under the Texas Medical Liability Act (Tex. Civ. Prac. & Rem. Code § 74.301). Exemplary (punitive) damages are available when the death was caused by willful act or omission, gross negligence, or certain felonies, capped at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000 (Tex. Civ. Prac. & Rem. Code § 41.008).
Calculating the full value of a wrongful death claim requires expert analysis of the deceased's earning history, career trajectory, household contributions, and the intangible value of their relationships with surviving family members. An experienced attorney will work with economists, vocational experts, and life care planners to build the strongest possible case for maximum compensation.
Texas-Specific Rules and Considerations
Texas is a modified comparative fault state with a 51% bar — if the deceased was 51% or more at fault, the family cannot recover. Texas also recognizes a separate survival cause of action, allowing the estate to recover damages for the deceased's conscious pain and suffering before death. The survival action has a two-year statute of limitations running from the date of injury, not death.
Common Causes of Wrongful Death in Texas
Highway and trucking accidents on Texas interstates, particularly I-35, I-10, and I-45. Oil and gas industry workplace fatalities. Construction site accidents. Medical malpractice. Premises liability incidents including swimming pool drownings and apartment complex shootings.
Regardless of the specific cause, the legal framework is the same: the plaintiff must prove that the defendant owed a duty of care to the deceased, breached that duty, and that the breach directly caused the death. An experienced Texas wrongful death attorney will know how to investigate the specific circumstances of your case and build the strongest possible claim.
The Wrongful Death Claim Process in Texas
The wrongful death litigation process in Texas follows a defined series of steps. The process begins with a free consultation where an attorney evaluates the facts, identifies liable parties, and explains the applicable law. If the attorney takes the case — almost always on a contingency fee basis — they will conduct a thorough investigation, gathering police reports, medical records, autopsy results, workplace safety records, and witness statements.
The attorney then files a formal complaint in Texas state court (or federal court if diversity jurisdiction applies), naming the defendants and specifying the legal theories and damages. During the discovery phase, both sides exchange documents, depose witnesses, and obtain expert reports. Most wrongful death cases — an estimated 90% to 95% nationwide — settle before trial through direct negotiation or court-ordered mediation. Cases that do not settle proceed to a jury trial.
The timeline from filing to resolution varies widely. Straightforward cases with clear liability may settle within 12 to 18 months. Complex cases involving multiple defendants, disputed liability, or government entities can take two to four years or longer.
Finding the Right Wrongful Death Attorney in Texas
Choosing an attorney with specific experience in Texas wrongful death law is essential. The right attorney should understand the nuances of Tex. Civ. Prac. & Rem. Code § 71.004, have a track record of significant verdicts and settlements in Texas courts, maintain the financial resources to fund a thorough investigation, and communicate clearly throughout the process.
Most Texas wrongful death attorneys offer free initial consultations and work on contingency, meaning you pay nothing upfront. The attorney's fee — typically 33% to 40% of the recovery — comes from the settlement or verdict. If there is no recovery, you owe nothing.
Texas Wrongful Death FAQ
The statute of limitations is 2 years from the date of death under Tex. Civ. Prac. & Rem. Code § 16.003. Claims against government entities may require earlier notice — sometimes as short as 60 to 90 days. Missing the deadline permanently bars the claim, so consulting an attorney promptly is critical.
Under Tex. Civ. Prac. & Rem. Code § 71.004, the following may file: surviving spouse, children, and parents of the deceased. These individuals may file individually or together. If none of the statutory beneficiaries file within three calendar months after the death, the personal representative of the estate may bring the action. Texas does not allow siblings, grand
Texas allows recovery of lost earning capacity, loss of companionship and society, mental anguish, loss of inheritance, and funeral and burial expenses. Texas does not cap non-economic damages in most wrongful death cases, though medical malpractice cases are subject to caps under the Texas Medical Liability Act (Tex. Civ. Prac. & Rem. Code § 74.301). Exemplary (punitive) damages are available whe
Most Texas wrongful death attorneys work on a contingency fee basis. The family pays nothing upfront — the attorney's fee, typically 33% to 40%, comes from the settlement or verdict. If there is no recovery, the family owes no legal fees. The initial consultation is free. Read our full guide to attorney costs.
Highway and trucking accidents on Texas interstates, particularly I-35, I-10, and I-45. Oil and gas industry workplace fatalities. Construction site accidents. Medical malpractice. Premises liability incidents including swimming pool drownings and apartment complex shootings.