Texas Wrongful Death Lawsuit: Who Can Sue, Deadline and Damages

Texas wrongful death law is written into one chapter of the Civil Practice and Remedies Code. It names who may sue, who gets paid and how long families have. Here is what that means in plain language.

Quick answer: In Texas, the surviving spouse, children and parents of the deceased may file a wrongful death lawsuit, generally within two years of the death. If none of them file within three months, the executor or administrator may file unless the family asks that no suit be brought.

Key takeaways

  • Only the spouse, children and parents are the statutory beneficiaries.
  • The general deadline is two years from death.
  • Health care liability claims follow separate rules with expert report requirements.
  • Texas uses a modified comparative fault rule that can bar recovery above a threshold.

What the Texas law covers

You can read the statute yourself in Chapter 71 of the Texas Civil Practice and Remedies Code. It allows a lawsuit when a person dies because of another party’s wrongful act, neglect, carelessness, unskillfulness or default. A death caused by a company’s negligence counts, as does a death caused by an individual’s.

Who can file and who is paid

  • Surviving spouse
  • Children, including adult children
  • Parents
  • Executor or administrator, in the limited situation described above

Siblings and more distant relatives are generally not beneficiaries under the Texas statute. One of the listed beneficiaries may file for the benefit of all of them. See who gets the money in a wrongful death lawsuit for how recoveries are shared.

The Texas deadline

Texas generally sets a two year limit for personal injury and wrongful death claims. It is found in Chapter 16. Claims against government bodies and health care providers can have additional notice rules, so identify every possible defendant early. Our guide on the wrongful death statute of limitations explains exceptions.

What damages are available

  • Loss of financial support and benefits
  • Loss of household services
  • Loss of companionship, society and advice
  • Mental anguish for the beneficiaries
  • Loss of inheritance the family would likely have received

Texas also recognizes a separate survival claim for the deceased person’s own losses, such as conscious pain and medical bills before death. In cases involving gross negligence, exemplary damages may be available. Learn how amounts vary in average wrongful death settlement amounts.

Medical cases are different: Texas has a dedicated chapter for health care liability claims, with an expert report requirement and limits on certain damages. Review Chapter 74 and our hospital wrongful death guide.

Shared fault in Texas

Texas follows a modified comparative responsibility rule. A recovery is reduced by the deceased person’s percentage of fault, and a person found more than 50 percent responsible generally cannot recover. That makes proof of fault central. See how to prove wrongful death.

Related Texas guides

For attorney costs, see how much a car accident lawyer costs in Texas. For the national overview, read our wrongful death lawsuit guide.

Frequently asked questions

Who can file a wrongful death lawsuit in Texas?

The surviving spouse, children and parents. An executor or administrator can file in limited circumstances if the family does not.

What is the statute of limitations for wrongful death in Texas?

Generally two years from the date of death, with different rules for some government and medical claims.

Can siblings sue for wrongful death in Texas?

Siblings are not statutory beneficiaries under the Texas wrongful death law, so they generally cannot bring or share in the claim.

Is there a cap on wrongful death damages in Texas?

Ordinary negligence cases generally have no cap on compensatory damages, but medical liability cases and exemplary damages are limited by statute.

Can I recover if the deceased was partly at fault?

Yes, if they were not more than 50 percent responsible. Your recovery is reduced by their share of fault.

Does Texas allow a survival claim too?

Yes. A survival action covers the deceased person’s own losses and is brought by the estate’s representative.

This article is general information, not legal advice. Statutes are amended, and deadlines are strict. Speak to a licensed Texas attorney promptly about your situation.

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