Bereaved Rights

State wrongful death guide

Texas Wrongful Death Law Guide

Texas wrongful death law gives spouses, children, and parents the first right to sue within two years, with the estate stepping in later if they do not file, and allows recovery for financial loss, companionship, mental anguish, and, in some cases, punitive damages.

Quick facts for Texas

  • Who can file: In Texas, the surviving spouse, children, and parents of the decedent may file a wrongful death claim individually or together. If none of them file within three months of the death, the executor or administrator of the estate may file unless requested not to do so by all surviving beneficiaries.
  • Deadline to file: Most Texas wrongful death actions must be filed within two years of the date of death.
  • Key statute: Tex. Civ. Prac. & Rem. Code §§ 71.001–71.012

Types of compensation families may pursue

  • Pecuniary losses (lost income, benefits, and services)
  • Loss of companionship and society
  • Mental anguish of survivors
  • Loss of inheritance
  • Exemplary (punitive) damages in appropriate cases

Texas caps punitive (exemplary) damages through a statutory formula. Medical malpractice wrongful death cases are also subject to specific caps on noneconomic damages.

Texas wrongful death law: a guide for grieving families

Texas gives close family members a central role in deciding whether to bring a wrongful death case. That can be empowering, but it can also feel like a heavy responsibility during grief.

This guide explains the basics in steady, plain language so you can see how Texas law works without having to decode statute citations.

1. What is “wrongful death” in Texas?

A wrongful death occurs when a person’s wrongful act, neglect, carelessness, unskillfulness, or default causes a death, and the deceased could have brought a personal injury action if they had lived.

Common scenarios include:

  • Car and truck crashes
  • Industrial and workplace incidents involving third parties
  • Medical malpractice
  • Dangerous property conditions
  • Defective products

2. Who can file the lawsuit?

In Texas, the following people may file a wrongful death action:

  • Surviving spouse
  • Children (including adult and adopted children)
  • Parents of the deceased

They may file individually or together in a single case.

If none of them files a wrongful death action within three calendar months after the death, the executor or administrator of the estate may file, unless all of the eligible family members ask them not to.

3. What damages are available?

Texas allows recovery for:

  • Pecuniary losses – lost income, benefits, and household services
  • Loss of companionship and society – the loss of love, comfort, and emotional support
  • Mental anguish – emotional pain and suffering of the survivors
  • Loss of inheritance – what the decedent likely would have saved and left to the survivors
  • Exemplary (punitive) damages – when death was caused by willful, malicious, or grossly negligent acts

A separate survival claim can seek damages that belonged to the decedent personally (such as pain and suffering before death).

4. Damage caps

Texas:

  • Imposes statutory caps on exemplary damages, based on a formula that considers economic and noneconomic damages within statutory limits.
  • Limits noneconomic damages in medical malpractice wrongful death cases through specific health care liability caps.

There is no universal, fixed cap for all wrongful death compensatory damages across every type of case.

5. Statute of limitations

Most Texas wrongful death suits must be filed:

  • Within two years of the date of death.

Certain limited exceptions may apply (for example, fraud, minority, or other disability), but you should not rely on them without speaking to counsel.

6. First steps for families

  • Identify which survivors are eligible to bring the claim (spouse, children, parents).
  • Decide whether someone will take the lead in filing within the first three months.
  • Gather key documents: death certificate, accident reports, medical records, employment and earnings information.
  • Talk with a Texas wrongful death attorney about how damages may be evaluated and whether survival claims should also be brought.

7. Disclaimer

This guide is general information, not legal advice. Texas law is detailed, and each case is fact-specific.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Texas? +

Most wrongful death lawsuits in Texas must be filed within two years of the date of death. If a claim is filed after that period, it is generally barred, even if the underlying facts are strong. Limited exceptions may apply in unusual circumstances, but families should not rely on them without specific legal advice. This answer is informational only and not legal advice.

What damages are available in a Texas wrongful death case? +

Texas allows families to recover several categories of damages in wrongful death cases. These include pecuniary losses such as lost income, benefits, and services; loss of companionship and society; the survivors’ mental anguish; and loss of inheritance, which reflects what the deceased likely would have saved and left to survivors. In cases involving willful, malicious, or grossly negligent conduct, exemplary (punitive) damages may also be awarded, subject to statutory caps. Separate survival claims may seek damages that the deceased would have recovered personally, including pain and suffering before death. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Texas? +

In Texas, the surviving spouse, children, and parents of the deceased person have the first right to file a wrongful death lawsuit. They may file individually or together in a single action. If none of these family members files a wrongful death claim within three months of the death, the executor or administrator of the estate may file the lawsuit, unless all eligible family members request that no suit be filed. This answer is informational only and not legal advice.