Wrongful death

Personal Injury

Texas splits this into two claims, and families are rarely told that.

A wrongful death claim belongs to the surviving spouse, children and parents, and compensates them for their own losses. A separate survival claim belongs to the estate and covers what the person who died suffered before they died, along with their medical expenses and funeral costs. They are usually brought together, and getting the structure right at the start avoids problems later — particularly where there is no will, or where a family is not on speaking terms.

Who may bring the claim

• The surviving spouse, the children (including adult children and legally adopted children) and the parents of the person who died.
• Siblings cannot bring a Texas wrongful death claim, however close they were.
• Any of those family members may file individually; if none has filed within three months of the death, the personal representative of the estate generally may, unless the family asks them not to.
• The survival claim is brought by the estate's personal representative — which is one reason a probate matter is often opened alongside the injury case.

How these deaths happen

• Auto, truck and motorcycle accidents, including reckless, distracted and impaired driving.
• Workplace and industrial incidents, including refinery and construction fatalities.
• Defective products and dangerous machinery.
• Premises hazards and inadequate security at apartments and businesses.
• Medical negligence, which carries its own specialised rules and shorter practical deadlines.
• Birth injuries and preventable complications.
• Nursing home abuse and neglect.
• Traumatic brain injuries that prove fatal.
• Mesothelioma and other illnesses caused by toxic exposure.
• Assaults and homicides, where a civil claim can proceed regardless of what happens in the criminal case.

What the claims cover

For the family: lost earning capacity and the financial support the person would have provided, lost inheritance, and the loss of companionship, comfort, guidance and society — plus mental anguish. For the estate: the pain and suffering the person experienced before death, their medical bills and funeral and burial expenses. Where the conduct was grossly negligent, exemplary damages may also be available.

The deadline, and the exception that matters

The general rule is two years from the date of death. Claims involving a government entity require formal notice far sooner, sometimes within months, and cases against a hospital or physician have their own notice requirements and expert report deadlines. If a criminal investigation is under way, the civil claim does not have to wait for it to conclude — and evidence usually should not.

What it costs

Injury cases are handled on a contingency fee: nothing to talk to us, nothing upfront, and the firm is paid out of the recovery. If there is no recovery there is no fee. The percentage and how case expenses are handled are in writing before you sign anything.

Common questions