Who can bring the claim
Under Civil Practice and Remedies Code Chapter 71, the surviving spouse, children, and parents may bring a wrongful death claim. Siblings and grandparents cannot. Any one of the eligible family members may file for the benefit of all, and if none files within three months of the death, the estate’s executor or administrator may file unless the family asks them not to.
Two claims, usually brought together
A wrongful death claim compensates the family for what they lost: financial support, household services, care, guidance, companionship, and their own mental anguish. A survival claim under section 71.021 belongs to the estate and recovers what the person could have claimed had they lived: their conscious pain and suffering before death, medical expenses, and funeral and burial costs.
Exemplary damages
When the death results from gross negligence or a felony committed willfully, such as a drunk driver or a carrier that knowingly put an unsafe truck on the road, Texas allows exemplary damages under Chapter 41, subject to statutory caps.
Deadlines
The two-year limitation period generally runs from the date of death (section 16.003(b)). Claims against government entities carry much shorter notice requirements. Fatal crash investigations take time, and evidence such as vehicle data and camera footage is lost long before two years.
First steps for the family
There is no rush to make legal decisions in the first days. When you are ready, these steps protect the claim.
- Do not sign anything from an insurer, including medical authorizations or a release
- Keep the vehicle; do not authorize salvage until it has been inspected
- Gather income records that show what the family relied on
- Identify the eligible family members under Chapter 71
- Ask the firm for a free consultation; there is no fee unless we recover
What a wrongful death claim is, and what it is not
A wrongful death claim is a civil action against the person or company responsible for a death caused by wrongful conduct, neglect, carelessness, or a similar failure. Chapter 71 of the Civil Practice and Remedies Code makes the responsible party liable for the harm the death causes to the family.
It is separate from any criminal case. A driver may be charged, may plead, or may never be charged, and none of that decides the civil claim. The civil case is about the family's losses and who is responsible, decided under a lower standard of proof and on a different timeline.
No amount of money replaces a person. The purpose of the claim is to hold the responsible party accountable and to protect the family's financial future when the person who supported them is gone.
Who may file
Section 71.004 limits the wrongful death claim to the surviving spouse, children, and parents of the person who died. Siblings, grandparents, and more distant relatives cannot bring it. Any one of the eligible family members may file for the benefit of all of them.
If none of them files within three months after the death, the executor or administrator of the estate may file, unless the eligible family members ask that it not be filed. This provision is why the identity of the estate representative matters, and why the family should discuss who will act early.
The two claims: wrongful death and survival
The wrongful death claim belongs to the family and compensates them for their own losses. The survival claim, under section 71.021, belongs to the estate and recovers what the person could have claimed had they lived. In most fatal crash cases they are brought together.
- Wrongful death: loss of financial support, loss of household services, loss of care, guidance, and advice, loss of companionship and society, mental anguish, and loss of inheritance
- Survival: the person's conscious physical pain and mental anguish before death, medical expenses, and funeral and burial costs
How the value of the losses is shown
The economic losses are documented with records: pay stubs, tax returns, benefits, the person's work history, and the household tasks they performed. An economist can estimate the lifetime value of support when the person was young or supporting a family.
The non-economic losses are harder to put into numbers and easier to underestimate. They are shown through the family's testimony, photographs, the person's role in the household, and the ways life has changed. A spouse who lost a partner, a child who lost a parent, and a parent who lost a child each have a distinct loss, and the claim should describe each one honestly.
Exemplary damages in a fatal crash
Section 71.009 allows exemplary damages when the death is caused by the willful act or omission or gross negligence of the defendant. Exemplary damages punish conduct that goes beyond ordinary carelessness, and they are governed by Chapter 41, including its clear and convincing proof standard and statutory limits.
Fatal crashes involving a drunk driver, a carrier that knowingly kept an unsafe truck on the road, or a driver who deliberately ignored a known danger can raise this issue. The Chapter 41 cap does not apply when the defendant's conduct falls within certain listed felonies, which include intoxication assault and intoxication manslaughter under Penal Code sections 49.07 and 49.08. Whether the facts support this depends on the evidence.
Who else may be responsible besides the driver
The driver is only the beginning. A death caused by a commercial truck can involve the carrier, the trailer owner, a broker, a maintenance company, or a manufacturer. A death caused by a drunk driver can involve a bar or restaurant that overserved the driver, under the Texas Dram Shop Act in Alcoholic Beverage Code Chapter 2. A death caused by a dangerous road can involve a government entity or a contractor.
Each of these has its own insurance, its own records, and its own deadlines. Identifying them early matters because the coverage that exists usually decides how much a family can actually recover.
Deadlines and evidence
The general deadline is two years from the date of death under Civil Practice and Remedies Code section 16.003(b). Claims against a government entity require written notice under the Texas Tort Claims Act, which can be as short as six months and, under the Houston and San Antonio city charters, 90 days.
The evidence deadline is much shorter than the legal one. Vehicle data, cameras, carrier records, and the vehicles themselves can be lost, repaired, overwritten, or sold within weeks. A family does not need to make decisions in the first days, but a preservation request should be sent early.
What the family can do now
There is no rush to make legal decisions while you grieve. When you are ready, these steps protect the claim.
- Do not sign anything from an insurer, including medical authorizations, recorded statements, or a release
- Do not authorize the vehicle to be salvaged or sold until it has been inspected
- Gather income records, tax returns, and benefits information showing what the family relied on
- Identify the eligible family members under Chapter 71 and who will act for the estate
- Ask for a free consultation, where the firm can explain the claim and the coverage without charge or obligation
Common questions
Common questions
Who can file a wrongful death claim in Texas?
The surviving spouse, children, and parents of the person who died. Siblings and grandparents cannot. Any one of them may file for the benefit of all, and if none files within three months, the estate's executor or administrator may file unless the family asks that they not.
What is the difference between a wrongful death claim and a survival claim?
A wrongful death claim compensates the family for its own losses, such as support, companionship, and mental anguish. A survival claim belongs to the estate and recovers the person's pain and suffering before death, medical expenses, and funeral costs. They are usually brought together.
How long do we have to file a wrongful death lawsuit in Texas?
Generally two years from the date of death under Civil Practice and Remedies Code section 16.003(b). Claims against government entities have much shorter written notice requirements, and evidence can be lost long before two years.
Can we recover punitive damages if the driver was drunk?
Exemplary damages may be available when a death is caused by gross negligence or a willful act, and the Chapter 41 cap does not apply to certain intoxication felonies. Whether they apply depends on the facts and the evidence.
This guide is not legal advice and does not create an attorney-client relationship. Deadlines and legal rights depend on the facts.
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