Filing a Wrongful Death Lawsuit in Texas: Who Is Eligible to Claim Damages?

Losing someone you love is one of the hardest things you’ll ever face. When that loss happens because of someone else’s carelessness or wrongdoing, the pain can feel even worse. You might be wondering: Can I do something about this? Do I have rights? Can I file a lawsuit?

The answer is often yes—but Texas law has specific rules about who can file a wrongful death claim. Not everyone in the family has the legal right to sue, even if they were close to the person who died.

If you’re trying to figure out your options during this difficult time, a wrongful death lawyer Houston families trust can help you understand your rights and fight for the compensation you and your family deserve.

What You’ll Learn in This Article

– Who is allowed to file a wrongful death lawsuit in Texas
– The difference between wrongful death and survival actions
– What kinds of compensation you can recover
– How long you have to file a claim
– Why working with a wrongful death attorney matters

Let’s walk through this together, step by step.

What Is a Wrongful Death Claim?

A wrongful death claim is a type of lawsuit filed when someone dies because of another person’s negligence, recklessness, or intentional harm. This could be from:

– A car accident caused by a drunk or distracted driver
– A truck crash due to driver fatigue or unsafe company practices
– Medical malpractice or hospital errors
– A workplace accident that could have been prevented
– A defective product that caused a fatal injury
– Violence or assault that resulted in death

In Texas, wrongful death claims are covered under Texas Civil Practice and Remedies Code Chapter 71. This law says that certain family members can sue the person or company responsible for their loved one’s death.

But here’s the important part: not just anyone can file. Texas law is very specific about who has the right to bring a wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit in Texas?

Under Texas law, only certain people can file a wrongful death claim. Here’s who is eligible:

The Spouse
If the person who died was married, their husband or wife has the right to file a wrongful death lawsuit. This is true even if the couple was separated, as long as they were still legally married at the time of death.

Common law spouses (couples who lived together and presented themselves as married but never had a formal wedding) may also have wrongful death rights in Texas. However, you’ll need to prove that the common law marriage was valid under Texas law. This can be complicated, so it’s important to talk to a Houston wrongful death attorney who understands these rules.

The Children
The children of the person who died—whether they are minor children or adult children—can file a wrongful death claim. This includes:

– Biological children
– Legally adopted children
– Children born outside of marriage (as long as paternity is established)

Adult children filing for a deceased parent is very common in Texas wrongful death cases, especially when the parent was the primary provider or caregiver.

The Parents
If the person who died was unmarried and had no children, the parents of the deceased can file a wrongful death lawsuit. This is often the case when a young adult or teenager is killed in an accident.

Even if the person who died was estranged from their parents, the parents may still have the legal right to sue.

Can Siblings Sue for Wrongful Death in Texas?
No. Under Texas law, brothers and sisters cannot file a wrongful death claim—even if they were very close to the person who died. The law only allows spouses, children, and parents to bring wrongful death lawsuits.

However, siblings may still be able to file a survival action (more on that below) if they are named as beneficiaries in the deceased person’s estate.

What If No One Files Within Three Months?
If the spouse, children, and parents do not file a wrongful death lawsuit within three months of the death, the executor or personal representative of the deceased person’s estate can file on behalf of the family.

This is important if there’s disagreement among family members or if the eligible survivors are unsure about moving forward.

Wrongful Death vs. Survival Action: What’s the Difference?

Texas law actually allows for two types of claims after someone dies due to negligence: a wrongful death claim and a survival action. They are not the same thing.

Wrongful Death Claim
A wrongful death claim compensates the surviving family members for their own losses, such as:

– Loss of love, companionship, and emotional support
– Loss of financial support (income the deceased would have provided)
– Loss of household services
– Mental anguish and grief

This claim belongs to the spouse, children, and parents.

Survival Action
A survival action compensates the estate of the deceased person for what they suffered before they died, such as:

– Pain and suffering before death
– Medical bills from treatment before death
– Lost wages from time they couldn’t work
– Funeral and burial expenses

A survival action is filed by the executor of the estate and can be pursued even if there are no eligible wrongful death claimants.

In many cases, families file both a wrongful death claim and a survival action at the same time to recover full compensation.

What Damages Can You Recover in a Texas Wrongful Death Lawsuit?

Texas law allows surviving family members to recover several types of compensation, including:

Economic Damages
– Lost income and benefits the deceased would have provided
– Loss of inheritance (wealth that would have been built over their lifetime)
– Loss of household services (childcare, home maintenance, etc.)
– Reasonable funeral and burial expenses

Non-Economic Damages
– Loss of companionship, comfort, and protection
– Loss of love and affection
– Mental anguish and emotional suffering
– Loss of guidance and counsel (especially for children who lost a parent)

Every wrongful death case is different. The value of your claim depends on the circumstances of the death, the deceased person’s age and income, and the impact on the surviving family.

A wrongful death lawyer Houston families rely on can help you calculate the full value of your claim and fight for maximum compensation.

How Long Do You Have to File a Wrongful Death Claim in Texas?

In Texas, the statute of limitations for wrongful death is two years from the date of death. That means you have two years to file a lawsuit, or you could lose your right to compensation forever.

There are very few exceptions to this rule. If you wait too long, even if you have a strong case, the court will likely dismiss it.

That’s why it’s so important to speak with a wrongful death attorney as soon as possible. Building a strong case takes time—gathering evidence, interviewing witnesses, working with experts—and you don’t want to run out of time.

Why You Need a Wrongful Death Attorney

Filing a wrongful death lawsuit is emotionally difficult and legally complex. You’re dealing with grief, financial stress, and a legal system that can feel overwhelming.

Here’s how a Houston wrongful death attorney helps:

Determine Who Can File
Texas law is strict about who can bring a wrongful death claim. If the wrong person files, the case can be thrown out. An experienced lawyer will make sure the claim is filed correctly.

Prove Liability
To win a wrongful death case, you have to prove that someone else’s negligence or wrongful act caused the death. This requires evidence: accident reports, medical records, witness statements, expert testimony. A wrongful death law firm has the resources to build that case.

Calculate the Full Value of Your Claim
Insurance companies will try to settle for as little as possible. They’ll downplay your loved one’s value and pressure you to accept a quick payout. A lawyer will calculate what your family truly deserves—both now and in the future.

Handle the Legal Process
You shouldn’t have to fight with insurance companies while you’re grieving. Your attorney will handle all the paperwork, negotiations, and court filings so you can focus on your family.

Fight for Justice
A wrongful death lawsuit isn’t just about money. It’s about holding the responsible party accountable and making sure this doesn’t happen to another family. Your attorney will fight to get you the justice you deserve.

Herbert Trial Law Fights for Grieving Families

At Herbert Trial Law, we understand how painful and confusing this time is for you. We’ve helped many Houston families navigate the wrongful death claims process, and we know how to get results.

We work on a contingency fee basis—that means you don’t pay us anything unless we win your case. You have nothing to lose and everything to gain by reaching out.

We’ll sit down with you, answer all your questions, and help you understand your options. We’ll handle the legal battle while you take care of your family.

Your Family Deserves Justice and Compensation

Losing a loved one is devastating. When that loss was caused by someone else’s carelessness, you have the right to hold them accountable. Texas law gives certain family members the power to file a wrongful death lawsuit and recover compensation for their pain and loss.

But time is limited. You only have two years to act, and building a strong case takes time.

If you’ve lost a spouse, parent, or child due to someone else’s negligence, don’t wait. Contact a trusted wrongful death lawyer Houston families count on.

Call us today at 713-987-7100 or schedule your free consultation online. Let us fight for your family.

**Legal Disclaimer:** This article is for informational purposes only and does not constitute legal advice. Every wrongful death case is unique. Contact Herbert Trial Law for a free, confidential consultation about your specific situation.