The silence after an unexpected loss is deafening. When a loved one is taken from you because of someone else’s carelessness or wrongful act, the grief is compounded by a sense of injustice. 

In the quiet moments, questions about accountability, your family’s future, and your legal rights begin to surface. You are facing an unimaginable reality, and one of the first questions that may come to mind is who can file a wrongful death claim in Texas? 

You should not have to search for the answer while you are mourning.

• You are coping with the emotional devastation of losing a family member.
• You are likely worried about the financial stability of your household without their support.
• You need clear, direct information about how to seek justice for your loved one.

This is not just a legal process; it is a personal journey. Texas law is very specific about which family members are given the right to take this step. Knowing your rights is the first move toward holding the responsible party accountable and securing your family’s future.

Who Can File a Wrongful Death Claim in Texas?

In Texas, a wrongful death claim is a civil lawsuit filed when the wrongful act, carelessness, negligence, or default of another person or company cause a person’s death. 

This could be the result of a commercial truck accident on I-35, a serious car wreck on the Dallas North Tollway, or a dangerous condition on a property that led to a fatal fall. The purpose of this claim is to compensate specific surviving family members for the immense losses they have suffered.

The Texas Wrongful Death Act clearly defines who is eligible to bring this type of lawsuit. The law is restrictive and grants this right only to the people who are considered to have the closest relationship to the deceased.

1. The Surviving Spouse: The legal husband or wife of the deceased has the primary right to file a claim.
2. The Surviving Children: This includes all biological and legally adopted children of the deceased, regardless of their age.
3. The Surviving Parents: The mother and father of the deceased can file a claim. This includes adoptive parents.

These individuals can choose to file the lawsuit on their own, or they can file together as a group. For example, a surviving spouse and the deceased’s children can join together in a single action against the responsible party.

Who Is Not Allowed to File a Wrongful Death Claim in Texas?

Just as the law specifies who can file, it also implicitly states who cannot. This is often a source of pain and confusion for grieving families. While their loss is just as real, Texas law does not extend the right to file a wrongful death lawsuit to other family members.

Understanding this from the outset helps set clear expectations. The following parties are generally not permitted to file a wrongful death claim on their own behalf:

• Siblings: Brothers and sisters of the deceased do not have the legal standing to file a wrongful death claim in Texas.
• Grandparents: Unless a grandparent has legally adopted the deceased, they cannot file a claim for their grandchild’s death.
• Unmarried Partners: A long-term romantic partner does not have the right to file unless they can legally prove they were in a common law marriage under Texas’s strict requirements.

The law focuses exclusively on the parent, child, and spouse relationship. While this may seem unfair, it is a long-standing legal principle in the state.

What Happens if Eligible Family Members Don’t File?

Texas law provides a specific window of time for the eligible family members to act. If a surviving spouse, child, or parent does not file a wrongful death claim within three calendar months of the person’s death, the law allows for a different party to step in.

After those three months, the personal representative of the deceased’s estate is permitted to file the claim. 

A personal representative, also known as an executor, is the person named in the deceased’s will or appointed by a court to manage their final affairs and distribute their assets. 

However, the representative can only do this if they are not asked by all the eligible family members (spouse, children, and parents) to refrain from filing.

• Months 1-3: The right to file belongs exclusively to the surviving spouse, children, and parents.
• After Month 3: The estate’s personal representative may file the lawsuit on behalf of the family.
• Family’s Veto Power: If every single eligible family member agrees that a lawsuit should not be filed, they can instruct the personal representative not to proceed.

Damages in a Wrongful Death Lawsuit

“Damages” is the legal term for the measurable losses the family has suffered as a direct result of their loved one’s death. The goal is to provide financial stability and a measure of justice for the family left behind.

These damages are intended to cover both the tangible and intangible losses you have experienced.

1. Financial Losses: This is compensation for the monetary contributions the deceased would have provided. It includes lost earning capacity, the loss of inheritance, and the value of services the person performed, like childcare or home maintenance.
2. Emotional and Personal Losses: These damages acknowledge the profound emotional toll of the loss. This includes compensation for mental and emotional anguish, loss of companionship, loss of comfort, and for a spouse, the loss of consortium (which refers to the loss of the unique benefits of a marital relationship).
3. Exemplary Damages: In some cases, a family may also be awarded exemplary damages, also known as punitive damages. These are not meant to compensate the family but to punish the wrongdoer for actions that were grossly negligent or malicious. Gross negligence is more than simple carelessness; it is an act or omission that involves an extreme degree of risk, and the wrongdoer was aware of that risk but proceeded anyway. A fatal crash caused by a drunk driver is a common example where exemplary damages are sought.

The Difference Between a Wrongful Death Claim and a Survival Action

While they are often filed together, a wrongful death claim and a survival action are two distinct legal actions. Knowing the difference is helpful. The law sees them as addressing two different sets of harms.

A survival action is filed on behalf of the deceased person’s estate. It is meant to recover for the losses the deceased person themself experienced before they died. Think of it as the personal injury claim the deceased could have filed if they had survived the incident.

• Wrongful Death Claim: This lawsuit is for the family’s losses. It compensates the spouse, children, and parents for their own grief, suffering, and financial loss.
• Survival Action: This lawsuit is for the deceased’s losses. It seeks damages for the deceased’s conscious pain and suffering before death, medical bills incurred after the injury but before death, and funeral expenses.
• Who Benefits: Damages from a wrongful death claim go directly to the eligible family members. Damages from a survival action go to the estate and are distributed according to the deceased’s will or state law.

The Strict Deadline for Filing a Wrongful Death Claim in Texas

In Texas, you have a limited time to pursue a wrongful death claim. This deadline is set by a law called the statute of limitations. For most wrongful death cases, the statute of limitations is two years from the date of your loved one’s death.

1. The Clock Starts Immediately: The two-year countdown begins on the day your loved one passes away.
2. Evidence Disappears: Evidence becomes harder to preserve with each passing day. Witness memories fade, physical evidence from a crash site near the Margaret Hunt Hill Bridge may be cleaned up, and company records could be lost.
3. Investigation Takes Time: A thorough investigation into the cause of death requires time to gather police reports, interview witnesses, and consult with professionals. Starting the process early is key to building a strong case.

Taking the First Steps After an Unthinkable Loss

The thought of dealing with a legal battle while mourning is overwhelming. You do not have to carry this burden alone. The role of a wrongful death attorney is to lift the legal weight from your shoulders so you can focus on what matters most: your family.

An experienced legal team will handle all the complex aspects of your case from start to finish. This allows your family the space and time to grieve without the added stress of deadlines and paperwork.

• A legal team will conduct a complete investigation to determine exactly what happened and who is at fault.
• They will handle all communications with insurance companies, who are often focused on minimizing what they have to pay.
• They will hire economists and other professionals to calculate the full, long-term financial and emotional impact of your loss to present a comprehensive claim for damages.

Charting Your Course Toward Justice

No legal action can bring your loved one back. But it can provide a sense of accountability and the financial resources your family needs to move forward. The law in Texas is clear about who is entitled to file a wrongful death claim, and understanding those rights is the first step on a difficult journey. 

You have the right to demand justice for the person you lost and to protect the family they left behind. If your family is grappling with a loss caused by someone else’s actions, you do not have to find the answers by yourself. 

At Tyson Law Firm, we handle wrongful death claims with the compassion and determination they require. We have stood with families in Dallas, Waco, and across Texas who have lost loved ones in devastating car accidents, truck wrecks, and other tragic incidents. 

We are here to listen to your story and explain your options.

When you are ready, call us. Contact the Tyson Law Firm at our Dallas office at (214) 942-9000 or our Waco office at (254) 374-0000 for a conversation about your situation.

Common Questions on the Journey to Justice

What if the person who caused the death is also facing criminal charges?

A wrongful death claim is a civil lawsuit, which is completely separate from any criminal case. The two can proceed at the same time.

• Different Goals: A criminal case is brought by the state to punish the wrongdoer with penalties like jail time or fines. A civil case is brought by the family to obtain financial compensation for their losses.
• Different Standards of Proof: In a criminal case, the prosecutor must prove guilt “beyond a reasonable doubt.” In a civil case, the standard is a “preponderance of the evidence,” which means showing it was more likely than not that the defendant was at fault.

Do we need a will to file a wrongful death claim?

No, you do not. The Texas Wrongful Death Act grants the right to file a wrongful death lawsuit to the surviving spouse, children, and parents. This right exists completely independent of whether your loved one had a will. A will directs how the deceased’s estate is handled, but a wrongful death claim is about the family’s direct losses.

What if my loved one was partially at fault for the accident?

Texas follows a legal rule called proportionate responsibility, or modified comparative fault. This rule may still allow you to recover damages even if your loved one was partially to blame.

1. The 51% Bar Rule: Your family can still recover damages as long as your loved one’s percentage of fault was 50% or less.
2. Reduced Damages: Your family’s compensation will be reduced by your loved one’s percentage of fault. For example, if your loved one was found to be 20% at fault, your family’s final compensation award would be reduced by 20%.
3. No Recovery: If your loved one is found to be 51% or more at fault for the incident that caused their death, your family is barred from recovering any damages.