Wrongful Death in Texas: What Families Need to Know
Losing a loved one is devastating. When that loss was caused by someone else's negligence — a drunk driver, a reckless trucking company, a defective product — the grief is compounded by rage and injustice. Texas law gives surviving family members the right to hold those responsible accountable through a wrongful death claim.
This post is not legal advice for your specific situation. But it will give you a clear understanding of your rights and what the process looks like in Texas.
Who Can File a Wrongful Death Claim in Texas?
Under the Texas Wrongful Death Act (Tex. Civ. Prac. & Rem. Code §71.001), the following family members can bring a claim:
- Surviving spouse
- Children (including adult children)
- Parents
If none of these individuals file within 3 months of the death, the deceased's estate may file a survival action — but this is distinct from a wrongful death claim.
What Damages Are Available?
In a Texas wrongful death case, surviving family members can seek:
- Pecuniary loss — loss of financial support the deceased provided
- Loss of companionship and society — the value of the relationship
- Mental anguish — grief, trauma, and emotional suffering
- Loss of inheritance — what the deceased would have accumulated over their lifetime
- Medical expenses incurred before death
- Funeral and burial costs
In cases of gross negligence — such as a drunk driver or a trucking company with a history of safety violations — Texas also allows for exemplary (punitive) damages under Tex. Civ. Prac. & Rem. Code §41.003.
The Statute of Limitations
Texas generally requires wrongful death claims to be filed within 2 years of the date of death. Missing this deadline can permanently bar your family from any recovery. Do not wait.
What We Do in Wrongful Death Cases
At Byron C. Bailey & Associates, we handle wrongful death cases with the gravity they deserve. We investigate the cause of death thoroughly, identify all responsible parties, preserve critical evidence, and build the kind of case that forces corporations and insurers to take your family's loss seriously. When they don't settle fairly, we go to trial.
Frequently Asked Questions
Q: Can siblings file a wrongful death claim in Texas?
A: No. Texas law limits wrongful death claims to spouses, children, and parents. Siblings cannot file under the Wrongful Death Act, though they may have other legal options.
Q: What if the death was partly the victim's fault?
A: Texas comparative fault applies. If the deceased was less than 51% responsible, surviving family members can still recover — reduced by the percentage of the deceased's fault.
Hurt in Texas? Call Byron C. Bailey & Associates for a FREE consultation: 214-223-6400 | byronbaileylaw.com. We work on contingency — you pay nothing unless we win.