When a family in Texas loses a loved one due to another’s negligence or wrongful act, the law specifies that only the surviving spouse, children, or parents are permitted to file a wrongful death suit. This legal action is a powerful tool for families seeking not only financial stability after a devastating loss but also a measure of justice for their loved one.
While this rule on eligibility seems straightforward, the process involves important details about deadlines, the role of the estate, and the types of damages that can be recovered, all of which are critical for making an informed decision during a difficult time. Speaking with a wrongful death lawyer can help families understand these rights and the steps needed to pursue justice.
Key Takeaways about Who Can File a Wrongful Death Lawsuit in Texas
- In Texas, a wrongful death lawsuit can only be filed by the deceased person’s surviving spouse, children (including adopted children), or parents.
- Other relatives, such as siblings or grandparents, are generally not permitted to file this type of claim on their own behalf.
- If the eligible family members do not file a suit within three months of the death, the personal representative of the deceased’s estate may file on their behalf.
- A wrongful death claim seeks compensation for the family’s losses, such as lost income, emotional anguish, and loss of companionship.
- There is a strict two-year deadline, known as the statute of limitations, to file a wrongful death claim in Texas.
Understanding Wrongful Death Claims in Texas
Before we discuss in more detail who is eligible to file, it’s helpful to understand what a wrongful death claim is. A wrongful death claim is a type of civil lawsuit. It can be brought when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another individual or entity. This is outlined in the Texas Civil Practice and Remedies Code § 71.002.
In simpler terms, if the person who passed away would have been able to file a personal injury lawsuit had they survived, their eligible family members may be able to file a wrongful death lawsuit instead. It’s important to know that this is separate from any criminal case.
For example, a drunk driver who causes a fatal accident might face criminal charges like intoxication manslaughter. At the same time, the victim’s family can file a civil wrongful death claim to seek financial compensation for their losses, regardless of the outcome of the criminal trial.
Who Is Eligible to File a Wrongful Death Lawsuit in Texas?
Texas law is very specific about this question. The ability to file a wrongful death claim is not open to all family members. The law, known as the Texas Wrongful Death Act, grants this right exclusively to a small group of immediate relatives.
The Primary Claimants
According to the statute, only the following individuals have the legal standing—the right to bring a case—to file a wrongful death suit:
- The Surviving Spouse: The husband or wife of the person who passed away.
- The Surviving Children: This includes biological and legally adopted children, regardless of their age. An adult child has the same right to file as a minor child.
- The Surviving Parents: This includes the biological or adoptive parents of the deceased.
These family members can choose to file the lawsuit together as one group, or any one of them can file the claim individually for the benefit of all eligible parties. For instance, a surviving spouse could initiate the claim on behalf of themself and their children.
Who Is Not Eligible to File?
The limited scope of the Texas law means that many grieving family members are unfortunately not able to file a wrongful death claim. This can be difficult to accept, but it is a critical aspect of the law. Individuals who generally cannot file a wrongful death suit in Texas include:
- Siblings (brothers and sisters)
- Grandparents (unless they legally adopted the deceased)
- Aunts, uncles, and cousins
- Unmarried partners or fiancés
While these individuals undoubtedly suffer a profound loss, the law does not provide them with a direct path to file this specific type of claim for their own damages. This legal distinction highlights the importance of understanding the precise rules that govern these sensitive cases.
The Role of the Personal Representative (Executor)
There is one important exception to the rule. If none of the eligible family members (spouse, children, or parents) file a wrongful death claim within three calendar months of the person’s death, the law allows the personal representative of the deceased’s estate to do so. A personal representative, often called an executor, is the person named in a will or appointed by a court to manage the deceased person’s final affairs.
However, even when the personal representative files the suit, it is still for the benefit of the surviving spouse, children, and parents. Any compensation recovered, aside from legal fees, would be distributed to those eligible family members, not to the estate itself. This provision acts as a safeguard to ensure that the rights of the family are preserved even if they are not in a position to take legal action immediately.
What Needs to Be Proven in a Wrongful Death Case?
Simply losing a loved one is not enough to have a valid wrongful death claim. To understand what makes a wrongful death claim legally valid, the filing family members must prove that the other party was legally at fault for the death. This means establishing the same elements of negligence that the deceased would have needed to prove in a personal injury case.
These four elements must be demonstrated for a claim to be successful:
- Duty of Care: The at-fault party (the defendant) owed the deceased person a legal duty to act with reasonable care. For example, every driver on Tarrant County roads has a duty to follow traffic laws and pay attention to their surroundings to keep others safe.
- Breach of Duty: The defendant violated, or breached, that duty. This could be through a careless action, like a truck driver speeding on I-20, or a failure to act, like a property owner in Arlington not cleaning up a dangerous spill at the entrance to their store.
- Causation: The defendant’s breach of duty was the direct and proximate cause of the death. It must be shown that the death would not have occurred but for the defendant’s wrongful actions.
- Damages: The surviving family members have suffered quantifiable losses as a result of the death. These are the financial and emotional harms for which they are seeking compensation.
Successfully proving these four points is the foundation of any wrongful death lawsuit. It requires careful investigation, evidence gathering, and a clear presentation of the facts.
Understanding the Types of Compensation (Damages) Available
The goal of a wrongful death lawsuit is to obtain compensation, legally known as “damages,” for the immense losses the surviving family members have experienced. These damages are intended to provide financial stability and acknowledge the profound personal impact of the loss. In Texas, damages are typically categorized into two main types: economic and non-economic.
A successful claim can help a family recover compensation for a variety of losses, including:
- Loss of Earning Capacity: The financial support the deceased would have provided to the family throughout their lifetime.
- Loss of Inheritance: The amount of money or assets the deceased would have likely saved and left to the family had they lived a full life.
- Loss of Household Services: The monetary value of the services the deceased provided, such as childcare, home repairs, cooking, and financial management.
- Mental and Emotional Anguish: Compensation for the family’s grief, sorrow, and emotional pain resulting from the death of their loved one.
- Loss of Companionship, Comfort, and Society: For the loss of the unique relationship, love, guidance, and companionship the deceased provided.
It is also important to mention a related but separate type of claim called a “survival action.” While a wrongful death claim compensates the family for their losses, a survival action is filed by the estate to recover damages for the losses the deceased person experienced between the moment of their injury and their death. This can include their medical bills, funeral expenses, and any conscious pain and suffering they endured.
Important Timelines: The Statute of Limitations in Texas
When considering a wrongful death claim, time is a critical factor. Texas law imposes a strict deadline for filing this type of lawsuit, known as the statute of limitations. A statute of limitations is a law that sets the maximum amount of time that parties have to initiate legal proceedings.
For wrongful death cases in Texas, the deadline is generally two years from the date of the person’s death. If an eligible family member tries to file a lawsuit after this two-year window has closed, the court will almost certainly dismiss the case, and the family will lose their right to seek compensation forever.
While there are some very rare exceptions that can pause or extend this deadline (such as when the claimant is a minor), it is incredibly risky to rely on them. The two-year deadline is one of the most important reasons why families should not delay in learning about their legal options. Acting promptly allows for a thorough investigation while evidence is still available and witnesses’ memories are fresh.
Filing a Wrongful Death Claim FAQs
Here are answers to some common questions people have when facing such a difficult situation.
Texas follows a legal rule called “proportionate responsibility.” Under this rule, a family can still recover damages as long as their loved one was 50% or less at fault for the incident that caused their death. However, any compensation awarded will be reduced by their percentage of fault. For example, if the deceased was found to be 20% at fault, the family’s total compensation would be reduced by 20%. If the deceased is found to be 51% or more at fault, the family is barred from recovering any damages at all.
Yes. In Texas, the law recognizes the immense loss of losing an unborn child due to someone else’s negligence. The parents of a viable fetus that is lost in an accident, such as a car crash, can file a wrongful death lawsuit to hold the responsible party accountable.
Not necessarily. Many wrongful death cases are resolved through a settlement, which is a formal agreement reached with the at-fault party’s insurance company without a full trial. However, the ability and willingness to take a case to court is often what convinces an insurance company to offer a fair settlement. The path a case takes depends entirely on its unique facts and the willingness of the other side to be reasonable.
Most personal injury law firms that handle these cases work on a contingency fee basis. This means the family does not pay any upfront costs or attorney’s fees. The law firm covers all the expenses of building and pursuing the case. The attorney’s fee is a pre-agreed-upon percentage of the total financial recovery that is obtained for the family. If there is no recovery, the family owes no attorney’s fees.
Contact Branch & Dhillon, P.C. for Compassionate Guidance
Losing a loved one is a heartbreaking event, and the thought of a legal process can feel like an added burden. But you do not have to carry this weight by yourself. The attorneys at Branch & Dhillon, P.C. focus their practice on helping families in Arlington and across Tarrant County who are dealing with the consequences of a serious accident. We understand the emotional and financial challenges you face, and we are committed to providing clear guidance with compassion and respect.
If your family has suffered a loss due to someone else’s negligence, please reach out to us. We can help you understand your rights and determine the best path forward. Contact Branch & Dhillon, P.C. today at (817) 533-3430 or through our online form for a free, no-obligation consultation to discuss your situation.