Who Can File a Wrongful Death Lawsuit in Texas?

 Posted on July 07, 2026 in Car Accidents

In Texas, the law gives certain family members the right to file a wrongful death lawsuit when a loved one is killed due to someone else's wrongful conduct. These cases can be complex, but strong legal representation takes the pressure off. If your family has lost someone in 2026 and another party is responsible, a Dallas, TX personal injury lawyer can help you understand your rights and fight for the justice your family deserves.

What Is a Wrongful Death Lawsuit in Texas?

A wrongful death lawsuit is a civil claim filed when a person dies because of another party's negligent, reckless, or intentional conduct. It’s outlined in Texas Civil Practice and Remedies Code Section 71.002 and is separate from any criminal charges that may be filed. It’s designed to compensate the surviving family members for the losses they have suffered as a result of the death.

Who Has the Right to File a Wrongful Death Lawsuit in Texas?

Texas law is specific about who can bring a wrongful death claim. Under Texas Civil Practice and Remedies Code Section 71.004, only certain people are allowed to file.

Those who can file include:

• The surviving spouse of the deceased
• The deceased's children, including adopted children
• The deceased's parents

These are the only people who have the right to file a wrongful death claim under Texas law. Siblings, grandparents, and other extended family members do not have the right to file, even if they were close to the person who died and are suffering deeply because of the loss.

What if No Family Member Files the Lawsuit?

If none of the qualifying family members file a wrongful death lawsuit within three months of the death, the executor or administrator of the deceased person's estate can file the claim on behalf of the estate. However, if any of the qualifying family members specifically ask the executor not to file, the executor cannot bring the claim.

This three-month window is important to understand. It does not mean the lawsuit has to be fully resolved in that time. It simply means that if family members are going to file, they should do so within that period or risk having the estate representative step in.

What Is the Difference Between a Wrongful Death Claim and a Survival Claim in Texas?

A wrongful death claim compensates the surviving family members for their own losses. A survival claim, on the other hand, is brought on behalf of the deceased person's estate. It seeks compensation for what the deceased person themselves suffered before they died. That can include the pain and suffering they experienced, medical expenses incurred before death, and lost earning capacity from the time of the injury to the time of death.

Both types of claims can be pursued at the same time, and in most serious wrongful death cases it makes sense to bring both.

What Damages Can Be Recovered in a Texas Wrongful Death Lawsuit?

The compensation available in a wrongful death case is designed to address both the financial and emotional losses the surviving family members have suffered.

Recoverable damages can include:

• Loss of financial support and contributions the deceased would have provided
• Loss of companionship, love, and affection
• Loss of parental guidance and care for surviving children
• Mental anguish and grief suffered by surviving family members
• Medical expenses incurred before the death
• Funeral and burial expenses
• Lost earning capacity the deceased would have had over their lifetime

The amount of compensation available depends on many factors, including the age of the deceased, their earning history, their relationship with the surviving family members, and the circumstances of the death.

Statute of Limitations for a Wrongful Death Claim

Under Texas Civil Practice and Remedies Code Section 16.003, Texas law gives surviving family members two years from the date of death to file a wrongful death lawsuit. The sooner you speak to an attorney about your case, the better.

Schedule a Free Consultation With Our Dallas County Wrongful Death Attorney

Attorney Jerry D. Andrews is Board Certified by the Texas Board of Legal Specialization in the area of personal injury trials, which reflects the highest level of recognition in the field. Every case is handled on a contingency basis, which means you pay no fees or costs unless you win. Our staff speaks Spanish fluently, and we are proud to offer excellent legal service to the Spanish-speaking community. Contact Jerry D. Andrews, P.C. by calling 214-221-5800 to schedule your free consultation with a Dallas, TX personal injury lawyer today.

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