The surviving spouse, children, and parents of the person who died, under Chapter 71 of the Civil Practice and Remedies Code. Siblings cannot. The estate brings a separate survival claim.
Chapter 71 limits wrongful death claimants to the spouse, children, and parents. Any one of them may file for the benefit of all. If none has filed within three months of the death, the executor or administrator of the estate may file unless every eligible family member asks them not to.
The estate’s survival claim under section 71.021 is different: it recovers what the person could have claimed had they lived, including conscious pain before death, medical bills, and funeral costs. The two claims are usually brought together.
Damages for the family include lost financial support, lost care and companionship, and mental anguish. Where the death resulted from gross negligence, such as a drunk driver, exemplary damages under Chapter 41 may be available.
The deadline generally runs two years from the date of death. Owsley Law Firm handles these cases with the care they deserve and charges no fee unless it recovers.
Texas limits who can bring a wrongful death claim, but within that group the rules on how damages are shared can be complicated. Chapter 71 of the Civil Practice and Remedies Code allows one eligible family member to sue for the benefit of all, and the jury awards damages to each beneficiary according to their own loss. The court, not the person who filed, controls how the recovery is divided among them.
Section 71.010 lets the jury award damages proportionate to the injury from the death and divide them among the family members, and the categories of damages come from Texas case law. They include the loss of financial support the person would have provided, the loss of advice, care, and counsel, loss of companionship and society, and mental anguish. Children who lose a parent, and parents who lose a child, each have their own losses to prove. Funeral and medical costs are usually recovered through the estate.
Exemplary damages are available under section 71.009 when the death was caused by gross negligence or a willful act. Gross negligence is defined in Chapter 41, requires clear and convincing proof, and exemplary damages are subject to the cap in section 41.008. Cases involving drunk drivers, or trucking companies that knowingly ignored safety rules, are the usual candidates.
Settlements involving minor children require court approval, and the court often appoints a guardian ad litem to represent the child. Recoveries for minors are typically protected in a court-supervised account or a structured arrangement, so planning for those funds begins during the case, not after it.
Related questions
Can a fiancé or partner file a wrongful death claim?
Under Chapter 71 the eligible beneficiaries are the surviving spouse, children, and parents. An unmarried partner or fiancé is not among them, although the person may have other rights, such as through the estate, and should get advice.
What if the deceased had no spouse or children?
Parents can sue. If none of the eligible beneficiaries exist, there may still be a survival claim through the estate, though damages would be limited to what the deceased could have recovered.
How is a wrongful death recovery divided?
The jury or a settlement allocates damages among the eligible beneficiaries based on each person's loss. Where a settlement is reached, a court may need to approve the allocation, especially when minors are involved.
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