When a loved one dies due to another person’s negligence, families often seek justice and financial relief through a wrongful death lawsuit. In Texas, specific laws govern who can file such a claim and what damages may be recovered. Understanding these laws can help families take the right steps toward accountability and closure.

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

Under Texas Civil Practice and Remedies Code § 71.004, only certain family members are allowed to file a wrongful death lawsuit. These include:

• The surviving spouse – whether the marriage was common-law or ceremonial.
• Children of the deceased – both biological and legally adopted children.
• Parents of the deceased – including adoptive parents.

If none of these individuals file a claim within three months of the death, the executor or personal representative of the estate may file the lawsuit unless the surviving family members request otherwise.

Who Cannot File a Wrongful Death Claim?

Siblings, grandparents, and other relatives are not eligible to file a wrongful death lawsuit in Texas, even if they were financially dependent on the deceased.

What Can Be Recovered in a Wrongful Death Claim?

Wrongful death damages are designed to compensate family members for the financial and emotional losses caused by their loved one’s death. These may include:

• Lost income and financial support
• Loss of companionship, comfort, and care
• Mental anguish and emotional suffering
• Funeral and burial expenses

In certain cases involving gross negligence or intentional acts, families may also pursue punitive damages to punish the wrongdoer.

How Long Do You Have to File?

In Texas, wrongful death lawsuits must generally be filed within two years from the date of death. Missing this deadline could permanently bar the claim, so it’s essential to act quickly.

Seeking Justice in a Difficult Time

At The Alexander Firm, we understand the profound pain families experience after a wrongful death. Our legal team helps Houston families pursue justice and compensation for their loss, handling each case with care and determination.