By Attorney Fernando J. Lopez, Personal Injury Attorney in Texas | Updated June 23, 2025
Introduction
Losing a family member is devastating and when that death was caused by someone else’s carelessness, the pain is even harder to process. In Texas, the law gives surviving family members the right to take legal action when a loved one dies because of another party’s negligence. This is called a wrongful death claim, and it exists to hold responsible parties accountable and help families recover financially after a preventable loss.
Whether the death happened in a car accident on IH 2 near McAllen, a workplace injury in Houston, or due to medical negligence anywhere in Texas, the rules that govern wrongful death lawsuits in Texas are the same. This guide explains what wrongful death means under Texas law, who can file a claim, what your family must prove, and what compensation may be available.
Quick Answer Box
What is wrongful death in Texas? Wrongful death in Texas occurs when a person dies as a direct result of another party’s negligence, recklessness, or intentional act. Under the Texas Civil Practice and Remedies Code §71.002, surviving spouses, children, and parents may file a wrongful death claim to recover compensation for financial losses, emotional suffering, and loss of companionship.
Table of Contents
- What “Wrongful Death” Means Under Texas Law
- Who Can File a Wrongful Death Lawsuit in Texas
- What You Must Prove in a Wrongful Death Claim
- Types of Compensation Available
- How to File a Wrongful Death Claim: Step by Step
- Texas Statute of Limitations for Wrongful Death
- Wrongful Death vs. Survival Action: Key Differences
- Common Mistakes Families Make
What “Wrongful Death” Means Under Texas Law
Definition Wrongful Death (Texas) A wrongful death occurs when a person’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another party. The legal basis comes from the Texas Civil Practice and Remedies Code, Chapter 71 (the Wrongful Death Act), which was created specifically to allow surviving family members to pursue compensation that the deceased could have sought if they had survived.
In plain terms: if your family member died because someone else acted carelessly or failed to act when they should have you may have grounds for a wrongful death claim in Texas.
Common situations that can give rise to a wrongful death lawsuit in Texas include:
- Car, truck, or motorcycle accidents caused by a negligent driver
- Accidents involving 18 wheelers or commercial vehicles on IH 69 or US 281
- Workplace accidents in construction, oilfield, or offshore settings
- Medical malpractice or surgical errors
- Defective products or dangerous drugs
- Pedestrian accidents in the Rio Grande Valley
- Nursing home neglect or elder abuse
- Premises liability incidents (slip and falls, pool drownings, inadequate security)
The death does not have to be intentional. Negligence a failure to use reasonable care is enough to trigger liability under Texas wrongful death law.
Who Can File a Wrongful Death Lawsuit in Texas
Texas law limits who has legal standing to file a wrongful death claim. Under CPRC §71.004, the following individuals may bring a wrongful death lawsuit:
- Surviving spouse of the deceased
- Children of the deceased (biological and legally adopted)
- Parents of the deceased
Adult siblings, grandchildren, and other relatives generally do not have standing to file under the Texas Wrongful Death Act unless they fall within one of the categories above.
What if no family member files within three months? If none of the eligible family members file a wrongful death lawsuit within three months of the death, the executor or administrator of the deceased person’s estate may file on their behalf unless the family members specifically ask the estate representative not to do so.
Multiple eligible family members may file together in a single wrongful death lawsuit, which is common when both a surviving spouse and children have suffered losses.
What You Must Prove in a Wrongful Death Claim
To succeed in a wrongful death claim in Texas, your attorney must prove four legal elements. Think of these as the four pillars that hold the case together:
Death due to negligence requires proof of:
| Legal Element | What It Means | Example |
| Duty of Care | The defendant owed a legal duty to the deceased | A driver owes all other road users a duty to drive safely |
| Breach of Duty | The defendant violated that duty | The driver ran a red light at IH 2 and US 83 |
| Causation | The breach directly caused the death | The collision killed the victim because of the driver’s action |
| Damages | The family suffered measurable losses | Loss of income, funeral costs, emotional suffering |
All four elements must be proven by a “preponderance of the evidence,” meaning it is more likely than not that the defendant’s actions caused the death. This is a lower standard than the “beyond a reasonable doubt” standard used in criminal trials.
Evidence in wrongful death cases often includes police reports, accident reconstruction analysis, medical records, eyewitness accounts, surveillance footage, and expert testimony.
Types of Compensation Available
Wrongful death family compensation in Texas falls into two main categories: economic damages and non economic damages.
Economic damages (measurable financial losses):
- Lost income and future earnings the deceased would have provided
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of household services and support
Non economic damages (losses that are real but harder to quantify):
- Mental anguish and emotional pain
- Loss of companionship, consortium, and guidance
- Loss of the parent child relationship
- Pain and suffering (in survival actions see below)
In cases involving gross negligence or intentional misconduct, a Texas jury may also award exemplary damages (punitive damages) under CPRC §41.003, though these are not automatic and require a separate finding by the jury.
The amount your family may recover depends on the specific facts of the case, the defendant’s financial resources, and available insurance coverage. At the Lopez Law Group, we have helped families across Texas from Hidalgo County to Harris County recover compensation after preventable deaths. Our team has recovered over $25 million for injured clients and grieving families combined.
How to File a Wrongful Death Claim: Step by Step
If you believe you have grounds for an accidental death lawsuit in Texas, here is the general process your attorney will follow:
- Consult with a wrongful death attorney Share what happened. An experienced negligent death attorney in Texas will evaluate whether the facts support a claim and who the responsible parties may be.
- Investigate the death Your legal team will gather evidence: accident reports, medical records, witness statements, surveillance video, and any relevant documents from the defendant.
- Identify all liable parties In some cases, more than one party may share responsibility. For example, in a truck accident, the driver, the trucking company, and a parts manufacturer may all face liability.
- Send a demand letter Once evidence is assembled and damages are calculated, your attorney will send a formal demand letter to the defendant or their insurance company.
- Negotiate a settlement Most wrongful death cases in Texas resolve through an extrajudicial settlement before trial. Your attorney will negotiate with the insurance adjuster to reach a fair amount.
- File a lawsuit if needed If the insurance company refuses to offer fair compensation, your attorney will file a wrongful death lawsuit in the appropriate Texas court and take the case to trial.
- Distribution of funds Once a settlement or jury verdict is reached, proceeds are distributed among the eligible family members, typically based on the proportion of their respective losses.
Texas Statute of Limitations for Wrongful Death
You have two years.
Under Texas Civil Practice and Remedies Code §16.003, the statute of limitations for wrongful death lawsuits in Texas is two years from the date of the deceased person’s death. If you miss this deadline, Texas courts will almost certainly bar your claim no matter how strong the evidence.
There are very limited exceptions:
- Minor children The two year clock may pause (toll) until the child turns 18.
- Fraud or concealment If the defendant actively hid their role in the death, the clock may toll.
- Government defendants Claims against a Texas government entity require a separate notice within six months under the Texas Tort Claims Act.
Do not wait. The sooner a wrongful death attorney in Texas begins investigating your case, the better chance your legal team has of preserving evidence and identifying all responsible parties.
Wrongful Death vs. Survival Action: Key Differences
Many families are surprised to learn that Texas law allows for two separate but related claims after a fatal accident:
| Feature | Wrongful Death Claim | Survival Action |
| Who Files | Surviving family members (spouse, children, parents) | Estate of the deceased |
| What It Covers | Family’s losses after the death | Victim’s own losses before death |
| Examples | Lost income, companionship, mental anguish | Medical bills, pain & suffering before death |
| Legal Basis | CPRC Chapter 71 | CPRC Chapter 71.021 |
Both claims can be filed simultaneously, and it is common for a wrongful death attorney in Texas to pursue both at once. The survival action compensates the estate for what the deceased themselves endured such as pain and suffering between the accident and death while the wrongful death claim compensates the family for their ongoing losses.
Common Mistakes Families Make
Texas Legal Notice
Legal Notice Texas Wrongful Death Law
This post discusses Texas law as of 2025. Wrongful death claims in Texas are governed by the Texas Civil Practice and Remedies Code, Chapter 71 (Wrongful Death Act).
Key points every Texas family should know:
- Statute of limitations: Two years from the date of death under CPRC §16.003. Missing this deadline may permanently bar your claim.
- Who may file: Surviving spouse, children, and parents only (CPRC §71.004). Siblings and other relatives generally have no standing.
- Modified comparative negligence (51% rule): Texas follows a modified comparative negligence standard under CPRC §33.001. If the deceased was found more than 50% at fault for their own death, the family cannot recover any damages. If the deceased was 50% or less at fault, recovery is reduced proportionally.
- Punitive damages: Available only in cases of gross negligence or intentional harm (CPRC §41.003) and require separate jury findings.
- Government entities: Special notice requirements apply under the Texas Tort Claims Act (CPRC Chapter 101).
This content is for informational purposes only and does not constitute legal advice. Every wrongful death case is different. Consult a licensed Texas wrongful death attorney for guidance on your specific situation.
Data & Statistics
| Statistic | Year | Source | Why It Matters |
| 4,283 people died in traffic crashes in Texas | 2023 | Texas Department of Transportation (TxDOT) | Shows the scale of preventable road deaths that may give rise to wrongful death claims |
| Motor vehicle crashes are a leading cause of injury death among adults aged 25–64 in Texas | 2022 | Texas DSHS / CDC WISQARS | Demonstrates that working age adults often family breadwinners are frequent wrongful death victims |
| The average economic cost of a fatal crash in the U.S. exceeds $1.7 million | 2023 | NHTSA | Illustrates why wrongful death family compensation claims can involve substantial damages |
| Workplace fatalities in Texas totaled 564 in 2022 | 2022 | U.S. Bureau of Labor Statistics (BLS) | Texas leads the nation in on the job deaths, making workplace wrongful death claims common |
| Texas courts resolved thousands of civil wrongful death and personal injury cases annually | 2023 | Texas Office of Court Administration | Reflects that these lawsuits are regularly filed and adjudicated in Texas courts |
Common Mistakes Families Make
Families who lose a loved one due to someone else’s negligence sometimes make errors that hurt their wrongful death claim. Here are the most common:
- Waiting too long to call an attorney. Evidence disappears fast surveillance footage gets overwritten, witnesses move on, and accident scenes change. Missing the two year statute of limitations kills the case entirely.
- Speaking with the insurance adjuster without legal advice. Insurance adjusters work for the defendant’s insurer. Statements you make early in the process can be used to reduce or deny your claim.
- Accepting the first settlement offer. Initial offers from insurance companies are rarely their best offer. A wrongful death attorney in Texas can negotiate for a figure that reflects your family’s full losses.
- Assuming only one party is responsible. In truck accidents, oilfield accidents, and premises cases, multiple defendants may share liability. Missing one of them means leaving compensation on the table.
- Not documenting your losses. Keep records of funeral expenses, lost wages from time off work, counseling costs, and any other out of pocket expenses connected to the death.
- Confusing wrongful death with a criminal case. A wrongful death lawsuit is a civil matter. Even if prosecutors decline to charge the responsible party, your family can still pursue a civil wrongful death claim.
- Failing to account for the survival action. Many families do not realize that their loved one’s estate may have a separate survival claim for what the deceased suffered before they died. Filing both claims at once maximizes potential recovery.
Attorney Lopez Perspective
“In our experience handling wrongful death cases across Texas from the Rio Grande Valley to Houston to Dallas we have seen how quickly insurance companies move to limit what they pay grieving families. They have investigators on the scene almost immediately. Families who wait to get legal help are already behind. Our team moves fast to preserve evidence, identify every responsible party, and make sure our clients are never pressured into settling for less than their case is worth.”
Attorney Fernando J. Lopez, The Lopez Law Group
When to Call a Lawyer
If your family is dealing with the death of a loved one and any of the following applies, you should speak with a Texas wrongful death attorney as soon as possible:
- The death was caused by a car, truck, or motorcycle accident involving a negligent driver
- Your family member died in a workplace accident, on a construction site, or in an oilfield
- The death resulted from suspected medical malpractice, a surgical error, or nursing home neglect
- A defective product or dangerous drug may have contributed to the death
- The person responsible for the death has insurance coverage you are unsure how to access
- An insurance company has already contacted you and is pressing you to give a recorded statement
- You are approaching the two year filing deadline and have not yet spoken to an attorney
The Lopez Law Group serves families throughout Texas from Weslaco and McAllen in the Rio Grande Valley to Houston, Dallas, Austin, and Corpus Christi. We offer a free consultation and take wrongful death cases on a contingency fee basis: you pay nothing unless we win.
Call us at (956) 968 7800 to speak with a Texas wrongful death attorney today.
Frequently Asked Questions
What is a wrongful death suit in Texas?
A wrongful death suit in Texas is a civil lawsuit filed by surviving family members spouse, children, or parents against the party responsible for their loved one’s death. The claim seeks financial compensation for the family’s losses. It is separate from any criminal case and is governed by the Texas Civil Practice and Remedies Code Chapter 71.
What counts as wrongful death in Texas?
Any death caused by another party’s negligence, recklessness, or intentional act may qualify. Common examples include fatal car accidents, workplace deaths, medical malpractice, defective products, and premises liability incidents. The key factor is that the death resulted from wrongful conduct not a purely natural or unavoidable cause.
Who gets wrongful death money in Texas?
Compensation in a Texas wrongful death case is distributed among the eligible claimants: surviving spouse, children, and parents. If multiple family members file, the proceeds are divided based on each person’s specific losses and their relationship to the deceased. A court may oversee distribution if family members disagree.
How long do I have to file a wrongful death claim in Texas?
Two years from the date of death, under CPRC §16.003. This deadline is strict. Rare exceptions exist such as claims involving minor children or government entities but they are narrow. Talk to a wrongful death attorney before you lose your right to file.
What must be proven in a wrongful death claim?
Four elements: (1) the defendant owed a duty of care to the deceased, (2) the defendant breached that duty, (3) the breach directly caused the death, and (4) the family suffered damages as a result. All four must be established by a preponderance of the evidence.
Can I file a wrongful death claim if the death also involved a criminal case?
Yes. A wrongful death lawsuit is a civil action, separate from any criminal prosecution. Even if a prosecutor declines to charge the responsible party or if the defendant is acquitted your family can still pursue a civil wrongful death claim. The burden of proof in civil court is lower than in criminal court.
What is the difference between a wrongful death claim and a survival action in Texas?
A wrongful death claim compensates the surviving family members for their own losses after the death such as lost financial support, companionship, and mental anguish. A survival action compensates the deceased’s estate for what the victim suffered before death, such as medical bills and pain. Both can be filed simultaneously.
How much is a wrongful death case worth in Texas?
There is no fixed amount. Compensation depends on the deceased’s age, earning capacity, the nature of the relationship with surviving family members, the severity of the negligence, and available insurance limits. Cases involving high earning individuals or egregious conduct typically involve larger amounts. An attorney can give you a realistic assessment after reviewing your specific facts.
Can parents file a wrongful death lawsuit if their adult child dies?
Yes. Under CPRC §71.004, parents have standing to file a wrongful death claim for the death of a child regardless of the child’s age. Adult children also have standing to file for the death of a parent.
What if my loved one was partly at fault for their own death?
Texas follows modified comparative negligence under CPRC §33.001. If the deceased was found 50% or less at fault, your family can still recover damages reduced proportionally. If the deceased was more than 50% at fault, your family cannot recover any damages. An attorney can help assess how fault may be allocated in your case.
Do I need to go to court to resolve a wrongful death claim?
Not necessarily. Many wrongful death cases in Texas are resolved through negotiated settlements before trial. However, if the insurance company refuses to offer fair compensation, your attorney may recommend filing a lawsuit and taking the case to a jury. The Lopez Law Group prepares every case as if it will go to trial, which often leads to better settlements.
Can I file a wrongful death claim if no police report was filed?
Yes, though it can be more challenging. A police report is one piece of evidence, but it is not the only way to prove what happened. Medical records, witness testimony, photographs, and expert analysis can all support a wrongful death proof even without an official report. An experienced attorney will know how to build the case.
Conclusion & Call to Action
No one should have to fight an insurance company alone while grieving. If your family lost someone because of another party’s negligence whether in a car accident near the Rio Grande Valley, a workplace injury in Houston, or a medical error anywhere in Texas you have legal rights worth protecting. Wrongful death claims in Texas are time sensitive, and the families who act early consistently put themselves in a stronger position than those who wait.
The Lopez Law Group represents Texas families in wrongful death lawsuits across the state. We work on a contingency fee basis you pay nothing unless we recover for you. Our team is bilingual, experienced, and ready to fight for your family. on Facebook, Instagram, and X for the latest updates!
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Call (956) 968 7800 today for a free consultation. No win, no fee.
Author Bio
Fernando J. Lopez is the founder of the Lopez Law Group, a personal injury and wrongful death law firm based in Weslaco, Texas. With over 15 years of experience representing accident victims and grieving families, Attorney Lopez has helped clients across Texas from the Rio Grande Valley to Houston and Dallas recover over $25 million in compensation. He provides bilingual legal representation in English and Spanish and serves clients in Texas, Kansas, and New Mexico.
