Texas law allows certain surviving family members to pursue a wrongful death claim when another party’s wrongful act, neglect, carelessness, or other legally actionable conduct causes a death. However, not every relative has the right to file.
Losing a family member because of someone else’s wrongful conduct is overwhelming — not only the loss of someone you love, but the concerns about your family’s financial future and painful questions about what happened and why. Trying to understand your legal rights, determine what comes next, and find the right help should not feel like another burden your family has to carry.
At Zehl & Associates, we take that burden off your shoulders. From day one, our Undefeated Wrongful Death Lawyers handle the legal process, uncover what really happened, and fight to hold the responsible parties fully accountable, so you and your family can focus on what matters most and begin moving forward with the full financial resources you need to rebuild your lives.
Understanding who may bring a wrongful death claim is an important first step.
Who Is Eligible To File a Wrongful Death Claim in Texas?
Under Texas Civil Practice and Remedies Code § 71.004, a wrongful death action is for the exclusive benefit of the deceased person’s:
- Surviving spouse
- Children
- Parents
These family members may bring the case together. Alternatively, one or more eligible family members can file on behalf of all eligible beneficiaries.
The law does not extend this right to every relative. Siblings, grandparents, aunts, uncles, cousins, and other relatives generally are not wrongful death beneficiaries under this statute merely because they were close to the person who died.
Can the Estate File a Texas Wrongful Death Lawsuit?
In some circumstances, the deceased person’s executor or administrator can bring the wrongful death action. Texas law provides that if none of the eligible surviving family members files within three calendar months after the death, the executor or administrator generally must bring the case unless all eligible beneficiaries ask that it not be filed.
This rule can make wrongful death cases confusing because a claim involving the estate is not always the same as a claim belonging to surviving family members. Zehl & Associates can review the circumstances of a death, determine which claims may exist, and identify the people with legal authority to pursue them.
What Can Family Members Recover in a Wrongful Death Claim?
Wrongful death damages are intended to address losses suffered by the surviving beneficiaries because of their loved one’s death. What may be recovered depends on the relationship between the beneficiary and the deceased, the financial impact of the loss, and other factors.
Depending on the case, damages may account for losses such as:
- Lost financial support
- Lost care, maintenance, and services
- Loss of companionship and society
- Mental anguish
- Loss of inheritance
No amount of money can replace a family member. A wrongful death action can, however, seek financial accountability from the person or company legally responsible for the death.
Zehl & Associates has represented families in high-stakes wrongful death cases involving truck crashes, oilfield accidents, plant and refinery incidents, workplace accidents, and other catastrophic events. The firm has recovered billions in verdicts and settlements for clients, including substantial recoveries in wrongful death cases.
How Long Do Families Have To File a Wrongful Death Lawsuit in Texas?
Texas generally imposes a two-year limitations period on lawsuits for injuries resulting in death. Under Texas Civil Practice and Remedies Code § 16.003, the claim generally accrues on the date of death, which means you have two years from the date your loved one passed away to file a wrongful death lawsuit in Texas.
Exceptions can affect this deadline, so families should not assume they have a full two years in every situation. Acting promptly can also help preserve evidence, locate witnesses, and investigate the events that caused the death.
FAQ
Can One Family Member File on Behalf of Everyone?
Yes. One or more eligible beneficiaries may bring a wrongful death action for the benefit of all eligible surviving beneficiaries.
Can a Common-Law Spouse File a Texas Wrongful Death Claim?
A person in a legally valid Texas common-law marriage may qualify as a surviving spouse. Whether a common-law marriage existed can depend on the specific facts and evidence.
How Soon Can an Executor File a Wrongful Death Claim?
If eligible family members do not file within three calendar months after the death, the executor or administrator generally must bring the action unless all eligible beneficiaries request otherwise.
Is a Wrongful Death Claim the Same as a Survival Claim?
No. A wrongful death claim seeks compensation for losses suffered by eligible surviving family members, while a survival claim generally continues a claim the deceased person could have pursued if they had lived.
Contact the Texas Wrongful Death Lawyers at Zehl & Associates for a Free Consultation
Determining who can file a wrongful death claim is only one part of protecting a family’s rights after a fatal accident. Zehl & Associates has extensive experience handling complex wrongful death cases and has recovered billions for clients and families across Texas and the United States.
For more information, contact Zehl & Associates at 888-603-3636 to schedule a free consultation with an undefeated Texas wrongful death attorney.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours