Losing a loved one is an emotionally overwhelming and traumatic experience. Unfortunately, this awful situation can be even more challenging when their passing is due to someone else’s negligence or wrongful act.

In Texas, families have legal recourse through wrongful death lawsuits, which enable them to seek compensation for their loss. Here is a short guide to wrongful death lawsuits in Texas, who can file one, and how they work. 

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit addresses cases where the negligence, recklessness, or intentional misconduct of another causes an individual’s death. Wrongful death lawsuits seek to hold the responsible person accountable for their actions, as well as to compensate their family. In Texas, the law that governs these claims is the Texas Wrongful Death Act.

It allows specific family members or representatives of the deceased person’s estate to bring a lawsuit against the liable party. It’s important to mention that a wrongful death claim in Texas is a civil matter. An eligible surviving family member may file a wrongful death claim regardless of whether criminal charges are ever filed against the at-fault party.

Who Can File a Wrongful Death Lawsuit in Texas?

Not everyone is eligible to file a wrongful death suit. In Texas, those who can file a suit are:

• The surviving spouse,
• A surviving child (adult or minor),
• The surviving parent(s),
• A legally adopted child of the deceased, and
• Surviving adoptive parent(s).

If no surviving family member files a claim within three months of the person’s death, the executor or representative of the deceased’s estate may bring the lawsuit. 

Time Limit to File a Wrongful Death Lawsuit in Texas

Every civil claim in Texas must be filed within a certain amount of time, or the victim’s family risks being barred from recovery altogether. This is known as a statute of limitations. In Texas, the statute of limitations for a wrongful death claim is two years after the date of death. However, some circumstances may extend or “toll” this deadline. This can happen under the following instances:

• Minors. If the person eligible to file a claim was under 18 at the time the death occurred, the statute of limitations does not start running until they reach the age of majority. 
• Negligence was discovered later. If the surviving family member is unaware of the wrongdoing by another, the statute of limitations begins running when they discover the negligence.
• Fraud. If the responsible party tries to hide the truth about their wrongful actions, the clock begins ticking on the date of discovery. 
• Mental or physical incapacity. If a family member with a cause of action for wrongful death suffers from a mental or physical impairment that prevents them from filing within two years, the statute of limitations can be paused to accommodate it.

If you have any questions about whether one of these situations applies to your situation, contact a Texas wrongful death attorney as soon as possible. 

Survival Claims Versus Wrongful Death Claims

A survival claim is another type of lawsuit that can be pursued in Texas and is separate from wrongful death suits. This claim addresses the deceased person’s personal injury claim that would have occurred if they had survived the incident.

In these claims, the deceased’s executor or administrator files a lawsuit on behalf of the deceased, seeking compensation for the pain and suffering, medical expenses, and other damages the deceased experienced between the injury and their death.

Similar to wrongful death claims, survival claims in Texas generally apply a two-year statute of limitations. However, there may be exceptions, so speak to a lawyer if you have questions.

Damages Available for Wrongful Death Claims

Under Texas’ wrongful death law, plaintiffs can seek various types of damages, including:

• Economic Damages. These are the financial losses directly linked to the wrongful death and include loss of financial support due to the deceased’s absence, medical expenses incurred before the death, and funeral and burial costs.
• Non-Economic Damages. These damages compensate the deceased’s family for the intangible losses and hardships due to the wrongful death of their loved one, including pain and suffering experienced by the deceased before death, loss of companionship, and emotional distress.
• Punitive Damages. Although rare in Texas, a jury can sometimes award damages to punish the responsible party for gross negligence or intentional misconduct.

Every case is different, and compensation will vary depending on each.

Contact Us 

If you have lost a family member due to the negligence or wrongful actions of another, you may be able to file a wrongful death lawsuit in Texas. At the Grossman Law offices, we have experience and a proven track record of success, earning millions of dollars for our clients. But most importantly, we treat each case and client with the individual attention and dedication they deserve.

Contact our office to schedule a consultation, or fill out our online contact form to start today.