Losing a loved one to a sudden accident is heart-breaking, overwhelming, and life-altering. Families face emotional shock, financial stress, and countless unanswered questions. During this painful time, understanding your legal rights under the Texas wrongful death statute can be the difference between being left with unanswered bills and securing the stability your family deserves. A compassionate wrongful death lawyer Texas families trust can guide you through every step, helping you understand how to seek justice and fatal accident compensation.
This guide explains not only what wrongful death claims are, but also the exact legal procedure for filing, the relevant statutes you need to know, and what to expect at every stage.
Who Can File a Wrongful Death Claim in Texas?
The right to file a wrongful death claim is strictly defined by law. Under the Texas Civil Practice & Remedies Code Chapter 71, only the following family members may file:
- The surviving spouse
- Children (biological or legally adopted)
- Parents of the deceased
If none of these file within three months, the executor or personal representative of the estate may file unless the family specifically objects.
Siblings and grandparents cannot file a wrongful death lawsuit in Texas, even though they may suffer immense emotional loss.
What Fatal Accident Compensation Can Families Recover?
Texas allows a wide range of damages meant to support families through financial and emotional hardship. A knowledgeable family injury claim attorney will evaluate every category of loss, which may include:
Economic damages
- Funeral and burial costs
- Medical bills before death
- Lost future income and financial support
- Loss of services (household tasks, childcare, help with daily responsibilities)
Non-economic damages
- Mental anguish and emotional suffering
- Loss of companionship, guidance, and comfort
- Loss of consortium for spouses
Exemplary (punitive) damages
These apply when the death was caused by gross negligence or intentional misconduct. Punitive damages are meant to punish and deter dangerous behaviour.
Relevant Law: The Texas Wrongful Death Statute
Wrongful death claims are governed by:
- Texas Civil Practice & Remedies Code §§71.001–71.011 (Wrongful Death Act)
- Texas Civil Practice & Remedies Code §71.021 (Survival Action)
- Texas Civil Practice & Remedies Code §16.003 (Two-year statute of limitations)
- Chapter 33 (Comparative fault and proportionate responsibility)
Under Chapter 71, a death is considered wrongful when it results from a person or company’s negligence, wrongful act, carelessness, unskillfulness, or default.
Understanding Survival Actions vs Wrongful Death Claims
Many families don’t realize they may have two claims, not just one.
- Wrongful Death Claim
Filed by family members to recover their own losses (emotional and financial).
- Survival Action
Filed by the estate to recover the losses the victim experienced before death, such as:
- Pain and suffering
- Medical bills
- Conscious fear or distress
- Lost wages between injury and death
Both claims together often produce significantly higher compensation.
Statute of Limitations: How Long Do You Have?
Texas law typically gives families two years from the date of death to file a wrongful death lawsuit.
Waiting too long may permanently bar your right to compensation, no matter how strong the evidence is.
Some exceptions exist (minor children, fraud, concealment of evidence), but these are not guaranteed. Speaking to a wrongful death lawyer Texas residents rely on as early as possible is crucial.
The Complete Procedure for Filing a Wrongful Death Claim in Texas
This is where most families feel lost. Here is the step-by-step process your attorney will follow.
Step 1: Initial Consultation and Case Evaluation
Your lawyer will:
- Review the death certificate, medical records, police reports, OSHA findings, or autopsy reports
- Determine whether negligence can be legally proven
- Identify all responsible parties (drivers, companies, contractors, product manufacturers, hospitals, etc.)
A strong case begins with understanding who is liable.
Step 2: Evidence Preservation
Your lawyer immediately sends spoliation letters to prevent destruction of evidence.
Evidence may include:
- Surveillance footage
- Vehicle data (black box recorders)
- Workplace inspection documents
- Safety manuals
- Maintenance logs
- Witness statements
Quick action ensures crucial proof is not lost.
Step 3: Filing the Lawsuit
Your attorney drafts and files an Original Petition in the correct district court.
The petition will include:
- Legal basis under the Texas wrongful death statute
- Facts of the accident
- Damages sought
- Identities of statutory beneficiaries
Once filed, the defendants must be formally served with citation.
Step 4: Defendant’s Response
The defendants file an Answer, often denying liability.
They may also attempt to shift blame using Texas comparative fault rules (Chapter 33).
This is why early evidence collection matters.
Step 5: Discovery Process
Both sides gather evidence. This stage includes:
- Depositions
- Interrogatories
- Document requests
- Accident reconstruction
- Expert testimony from economists, engineers, doctors
This is where your lawyer builds the strongest possible case.
Step 6: Mediation or Settlement Negotiation
Most wrongful death cases settle outside of court.
Your lawyer will negotiate with insurance companies and corporate defendants for the highest compensation possible.
Step 7: Trial (If Necessary)
If settlement is not reached:
- Your lawyer presents evidence to a judge or jury
- Liability and damages are determined
- Comparative fault percentages, if any, are assigned
A skilled family injury claim attorney is essential during trial, especially in high-value fatal accident cases.
Step 8: Distribution of Compensation
Under Tex. Civ. Prac. & Rem. Code §71.010:
- Compensation is distributed among eligible family members based on their relationship, dependency, and level of loss.
- Funds from survival actions go to the estate.
Wrongful death compensation is not subject to the deceased’s debts, which protects the family financially.
Why You Should Not Face This Process Alone
Wrongful death cases involve corporate entities, insurance carriers, and defence teams working hard to limit payouts. Families deserve someone equally powerful fighting for them. A skilled wrongful death lawyer Texas families trust will protect your rights, handle the legal stress, and give you space to grieve.
Frequently Asked Questions
Q1. How long do wrongful death cases usually take in Texas?
Anywhere from several months to over a year depending on complexity, negotiations, and court schedules.
Q2. Do families have to go to trial?
Not usually. Most cases settle during mediation once evidence is exchanged.
Q3. Can multiple family members share the compensation?
Yes. Eligible beneficiaries share damages in proportions determined by law or agreement.
Q4. What if my loved one was partly at fault?
Texas comparative fault laws apply. Families may still recover if the victim was less than 51 percent responsible.
Q5. Can we file both a wrongful death claim and a survival action?
Yes. Both are separate claims and often increase total compensation for the family.