What Families Should Know About Wrongful Death Claims in Texas

Losing a loved one because of negligence or wrongful conduct is devastating. In addition to grief, families may be left with medical bills, funeral costs, loss of income, and unanswered questions about what happened.

A wrongful death claim is a civil legal action that allows eligible family members to pursue accountability and financial recovery after a preventable death.

Wrongful Death Claims Are Civil Cases

A wrongful death claim is separate from any criminal case. A criminal case is brought by the State of Texas to punish unlawful conduct. A civil wrongful death claim is brought for the benefit of eligible surviving family members and is focused on compensation.

This distinction matters because a family may have the right to pursue a civil claim even when criminal proceedings are pending, delayed, or handled separately.

Who Can File a Wrongful Death Claim in Texas?

Texas law provides that a wrongful death action is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. The surviving spouse, children, and parents may bring the action individually, or one or more may bring it for the benefit of all. If none of those individuals file within three calendar months after the death, the executor or administrator may bring the claim unless all eligible beneficiaries request otherwise.

How Long Do Families Have to File?

In Texas, actions for injury resulting in death must generally be brought within two years after the day the cause of action accrues, and the cause of action accrues on the death of the injured person. However, exceptions do apply and may extend the time you have to file a case.

Because deadlines and eligibility can be complicated, families should seek legal guidance as soon as possible.

What Compensation May Be Available?

Wrongful death compensation may address both financial and personal losses. Depending on the case, damages may include:

• Funeral and burial expenses

• Medical expenses related to the final injury

• Loss of financial support

• Loss of household services

• Loss of companionship, care, guidance, and support

• Mental anguish and emotional suffering

In cases involving a willful act, omission, or gross negligence, Texas law may allow exemplary damages in addition to actual damages. Exemplary damages are designed to punish a defendant for exceptionally egregious, malicious, or reckless behavior, and to deter similar future conduct.

Speak With The Amos Barton Law Firm

No legal claim can replace the person your family lost. However, a wrongful death claim can help provide accountability, financial security, and a path forward.

The Amos Barton Law Firm represents families across Texas in wrongful death and homicide-related civil cases. To discuss your legal options, contact Amos Barton Law Firm at 830-257-7575.

FAQs

Who can file a wrongful death claim in Texas?

The surviving spouse, children, and parents generally have the primary right to file.

Is a wrongful death claim the same as a homicide case?

No. A homicide case is criminal. A wrongful death claim is civil and focuses on compensation for eligible surviving family members.

How long does a family have to file a wrongful death claim?

In many Texas wrongful death cases, the deadline is generally two years from the date of death, although exceptions may apply.

Source Notes

Primary sources used: Texas Civil Practice and Remedies Code Sections 16.003, 71.004, and 71.009.