Texas Wrongful Death Lawyers

Losing someone you love because of another person's carelessness is a pain no family should have to carry — and no amount of money can undo it. But Texas law gives surviving families a way to hold the responsible party accountable and to secure the financial future that was taken from them. If your loved one died because of someone else's negligence, you may be entitled to compensation for your loss — and here is what matters: you typically pay nothing up front, and nothing at all unless your lawyer wins. A compassionate, experienced wrongful death attorney can carry the legal burden while your family grieves, and the sooner one is involved, the more evidence can be preserved.

What Is a Wrongful Death Claim in Texas?

A wrongful death claim is a civil lawsuit brought when a person dies because of another party's negligence or wrongful act. Under the Texas Wrongful Death Act, Civil Practice & Remedies Code Ch. 71 (§71.002), certain surviving family members can seek compensation for the losses the death caused them. This is entirely separate from any criminal prosecution: a criminal case punishes the wrongdoer on behalf of the state, while a wrongful death claim is about financial accountability and the security of the family left behind. A family can pursue a civil claim whether or not anyone is ever criminally charged.

Who Can File a Wrongful Death Lawsuit in Texas?

Texas law limits who may bring the claim to the closest family members. Under Civil Practice & Remedies Code §71.004, only the surviving spouse, children, and parents of the person who died may file — and they may do so individually or together. Notably, siblings cannot bring a Texas wrongful death claim, and neither can more distant relatives. If the eligible family members have not filed within three months of the death, the personal representative of the estate may file on the family's behalf, unless the family specifically asks them not to. An attorney can confirm who in your family is eligible and how the claim should be structured.

Wrongful Death Claim vs. Survival Action — What's the Difference?

They are two related but distinct claims, and families often pursue both at once.

The survival action under §71.021 recovers what the person who died could have recovered if they had lived — their medical expenses and the pain and suffering they endured before death. An experienced attorney evaluates both claims so the family's full losses are addressed.

How Long Do I Have to File a Wrongful Death Claim in Texas?

In Texas, families generally have two years from the date of death to file a wrongful death claim, under Civil Practice & Remedies Code §16.003. There are limited exceptions — for example, when a fact essential to the claim could not reasonably have been discovered. And if a government entity may be responsible, the Texas Tort Claims Act (Ch. 101) imposes a much shorter notice deadline. Because these deadlines are unforgiving and evidence fades, talking to a lawyer early protects the family's right to be heard.

What Damages Can a Family Recover in a Texas Wrongful Death Case?

Texas allows recovery for both the financial and the human cost of losing a loved one. Eligible family members may recover for:

• Lost earnings and financial support the deceased would have provided to the family.
• Lost care, maintenance, services, advice, and counsel the deceased gave or would have given.
• Loss of companionship and society — the lost love, comfort, and relationship.
• Mental anguish the surviving family suffers from the death.
• Lost inheritance — what the deceased likely would have left to the survivors.

In cases involving a willful act, omission, or gross negligence, exemplary (punitive) damages may also be available under Civil Practice & Remedies Code Ch. 41. A separate survival action can recover the deceased's pre-death medical bills and pain and suffering. The value of any case depends on the circumstances, the evidence, and the losses proven.

What Kinds of Accidents Lead to Wrongful Death Claims?

A wrongful death claim can arise whenever someone's negligence or wrongful conduct causes a death. Common Texas causes include car wrecks and commercial truck wrecks, workplace and industrial accidents (especially with non-subscriber employers), medical malpractice, defective products, and unsafe premises. The central question is always the same: did someone's carelessness or wrongful act cause the death? That is what an experienced wrongful death attorney investigates — and these matters are part of the broader field of personal injury law.

How Does the Right Texas Wrongful Death Lawyer Help?

In the worst moment of a family's life, the right attorney carries the legal weight so the family can grieve. A skilled wrongful death lawyer investigates quickly — preserving evidence, securing records, and identifying every responsible party and insurance policy — while handling the case with sensitivity and respect. They build the proof of the family's financial and emotional losses, confirm who is legally entitled to recover, and stand up to the defendants and insurers who would minimize the loss. Because they work on contingency and are prepared to take the case to a jury, the other side knows the claim will be pursued in earnest. Money will never replace the person you lost, but accountability and security can help your family move forward.

Frequently Asked Questions About Texas Wrongful Death Claims

What is a wrongful death claim in Texas?

It is a civil lawsuit brought when a person dies because of another party's negligence, carelessness, or wrongful act. Under the Texas Wrongful Death Act (Civ. Prac. & Rem. Code Ch. 71), certain surviving family members can seek compensation for the losses caused by the death. It is separate from any criminal case and is about financial accountability, not punishment by the state.

Who can file a wrongful death lawsuit in Texas?

Under §71.004, only the surviving spouse, children, and parents of the person who died may bring a wrongful death claim. Siblings cannot, and neither can more distant relatives. If those eligible family members do not file within three months of the death, the personal representative of the estate may file unless the family asks them not to.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim (Ch. 71) compensates surviving family members for their own losses, such as lost support and companionship. A survival action (§71.021) belongs to the estate and recovers what the deceased could have claimed had they lived, such as pre-death medical bills and conscious pain and suffering. The two are often pursued together.

How long do I have to file a wrongful death claim in Texas?

The general statute of limitations is two years from the date of death, under §16.003. There are limited exceptions, and claims against a government entity have shorter notice deadlines, so it is important to talk to a lawyer as soon as possible.

What damages can a family recover in a Texas wrongful death case?

Families may recover lost earnings and financial support, lost care and inheritance, loss of companionship and society, and mental anguish from the loss. In cases involving a willful act or gross negligence, exemplary (punitive) damages may also be available. A survival action can additionally recover the deceased's pre-death medical bills and pain and suffering.

How much does a wrongful death lawyer cost in Texas?

Most Texas wrongful death lawyers work on contingency: the family pays no attorney fee up front, and the lawyer is paid a percentage of the recovery only if the case succeeds. If there is no recovery, you generally owe no attorney fee. This lets grieving families pursue accountability without adding financial strain.

What kinds of accidents lead to wrongful death claims?

Common causes include car and truck wrecks, workplace and industrial accidents, medical malpractice, defective products, and unsafe premises. The key question is whether someone's negligence or wrongful conduct caused the death, which is something an experienced wrongful death attorney can investigate.

Can I file a wrongful death claim if there is also a criminal case?

Yes. A wrongful death lawsuit is a separate civil case and can proceed regardless of whether anyone is charged or convicted of a crime. The civil case has a lower burden of proof than a criminal case, which is why a family may recover compensation even when there is no criminal conviction.

How is the money from a wrongful death claim divided?

When a case settles or a jury awards damages, the recovery is generally divided among the eligible surviving family members according to their individual losses. How it is allocated can depend on the circumstances, and an attorney can help the family understand and resolve how a recovery would be shared.

Do most wrongful death cases go to trial?

Most wrongful death cases settle without a trial, but having a lawyer who is genuinely prepared to try the case often leads to a stronger result. Defendants and insurers tend to take a claim more seriously when they know the attorney will present it to a jury if the offer is not fair.

How do I get a wrongful death lawyer in Texas right now?

Call or text 512-872-4400 any time, day or night. You will be connected with an experienced, compassionate wrongful death attorney serving your area anywhere in Texas.