Wrongful Death Lawsuits in Texas: Who Files and What You Recover
Losing a loved one is devastating under any circumstances, but when a death is caused by someone else’s negligence, carelessness, or wrongful act, the impact is especially overwhelming. At the Law Office of Shane R. Kadlec, we help families pursue wrongful death claims in Texas and understand the emotional and financial turmoil that follows a preventable loss. State law allows surviving relatives to file a wrongful death lawsuit when someone’s negligent or reckless behavior takes the life of a spouse, child, or parent.
Although no legal action can replace a life, these claims help hold the responsible party accountable and secure compensation that supports your family’s future. Working with a Texas wrongful death lawyer from our firm can ensure your rights are protected during one of the most challenging moments of your life.
What Is Considered a “Wrongful Death” in Texas?
Under Texas Civil Practice and Remedies Code §71.002, a wrongful death occurs when an individual dies because of another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” In other words, if the deceased would have had a personal injury lawsuit had they survived, their family may pursue a wrongful death lawsuit.
Common situations that may lead to a wrongful death include:
- Car, truck, and motorcycle accidents
- Workplace and industrial accidents
- Defective products
- Dangerous property conditions
- Medical negligence
- Drunk driving crashes
- Commercial vehicle and rideshare accidents
Even though every Texas wrongful death case is unique, the central question remains the same: Would your loved one still be alive if the other party had acted responsibly? If the answer is yes, the law allows certain family members to pursue a lawsuit.
Who Can File a Wrongful Death Claim in Texas?
Not every relative has the legal right to file. Texas has strict rules about which family members may bring wrongful death claims, and the law prioritizes certain relationships.
Eligible Family Members
Under Texas law, only the following individuals may file a wrongful death lawsuit:
- A surviving spouse
- Surviving children (including both biological and legally adopted children)
- Parents (biological and adoptive)
Siblings, grandparents, and unmarried partners are not permitted to bring a claim, even if they were financially dependent on the deceased.
Priority Order for Filing
All eligible family members may file individually or together as a group. If none of these relatives file within three months of the date of death, the executor or personal representative of the estate may file unless the family specifically requests that no claim be filed. This rule ensures that valid cases move forward even when the grieving family cannot take immediate action.
How Long Do You Have to File a Wrongful Death Claim in Texas?
Texas law sets strict deadlines for filing a wrongful death lawsuit. Generally, the family has two years from the date of death to file a claim. This is known as the statute of limitations. However, certain exceptions may extend the filing window:
- The defendant left the state, making it difficult to serve them
- The wrongful act was concealed, such as hidden corporate wrongdoing
- The surviving family member was a minor at the time of death
- Mental or physical incapacity prevented timely filing
Even if an exception might apply, courts enforce deadlines strictly. Waiting too long can bar the claim entirely, regardless of how strong the evidence may be. Speaking with an experienced Texas wrongful death attorney promptly helps ensure your right to recover is protected.
Survival Actions vs. Wrongful Death Claims
Although closely related, survival actions and wrongful death claims are not the same.
Wrongful Death Claims: These compensate surviving family members for their own losses, including financial support, household services, emotional damages, and loss of companionship.
Survival Actions: A survival action continues the personal injury claim the deceased could have filed had they lived. Compensation goes to the deceased person’s estate and may include:
- Medical bills
- Pain and suffering experienced before death
- Lost wages from the time of the injury until death
Many families pursue both actions because each addresses a different type of loss.
What Wrongful Death Damages Can Families Recover Through a Lawsuit?
There are two main categories of wrongful death compensation, reflecting the wide-ranging impact of the loss. These include:
Economic Damages
These represent direct financial losses, such as:
- Medical expenses related to the fatal injury
- Funeral and burial expenses
- Loss of the deceased’s income, benefits, and earning capacity
- Loss of household services, such as childcare, transportation, or management of the home
Non-Economic Damages
These compensate for the emotional and relational impact of the loss:
- Loss of companionship, comfort, and guidance
- Mental anguish suffered by surviving family members
- Loss of inheritance (the amount the deceased would have accumulated and passed down)
Factors That Determine Wrongful Death Settlement Amounts
Because every case is different, wrongful death settlements vary widely. Several factors influence the overall value of a claim:
- Degree of Negligence: The more reckless or egregious the conduct, the higher the potential recovery. For instance, drunk driving or corporate safety violations often increase the value of a claim.
- Insurance Coverage and Limits: In many cases, compensation depends on the defendant’s insurance policies. Commercial vehicle operators, trucking companies, and major corporations typically carry higher coverage limits than individual drivers.
- Comparative Fault: Texas follows a modified comparative fault system. If the deceased was partly responsible for the accident, the settlement may be reduced proportionally. However, if they were more than 50% at fault, the family may lose the right to recover.
- The Deceased’s Age, Health, and Earning Capacity: A young parent with many working years ahead typically results in a higher settlement than an elderly individual who is no longer earning income.
- Strength of the Evidence: Clear proof of negligence, such as surveillance footage, eyewitness accounts, or expert reports, can significantly raise the case’s value.
Why a Texas Wrongful Death Lawyer Is Essential
An experienced wrongful death attorney does far more than prepare paperwork. They conduct a thorough investigation, gather and preserve evidence before it disappears, consult expert witnesses, identify all potential sources of compensation, and handle every interaction with insurance companies. They also develop a compelling legal theory that supports the family’s claim and fight for full and fair compensation, whether through strategic negotiation or litigation.
Families dealing with profound grief should not have to take on powerful insurers alone. A knowledgeable wrongful death attorney from our firm ensures the case is handled professionally, respectfully, and with the level of attention and advocacy that the situation demands.
If You Lost a Loved One Due to Another’s Negligence, Our Texas Wrongful Death Lawyers Can Help
The loss of a family member is one of life’s heaviest burdens, especially when the death could have been prevented. You deserve compassion, clarity, and strong legal guidance as you explore your options. The Law Office of Shane R. Kadlec has extensive experience representing families in wrongful death suits, and we understand the emotional and financial challenges these cases bring.
Our team will listen to your story, explain your rights, and help determine whether a wrongful death lawsuit is appropriate for your situation. We work tirelessly to pursue justice, hold negligent parties accountable, and secure the compensation your family needs to move forward.
If you have questions about the legal process or want to speak with a Texas wrongful death attorney, we are here for you. Contact the Law Office of Shane R. Kadlec today to schedule a confidential consultation and learn how we can support you during this difficult time.
