Texas Wrongful Death Lawyer

Losing a loved one because of someone else’s negligence is one of the most difficult experiences a family can endure. When a wrongful death occurs, and that loss could have been prevented, Texas law allows surviving family members to seek justice, hold the responsible party accountable, and pursue compensation for their losses through a wrongful death claim.

Our Texas wrongful death lawyers at Attorney Jeff Car Accident Lawyer help grieving families understand their legal options and seek the maximum compensation from the negligent parties responsible for their loved one’s death. Contact us today for a free consultation with an experienced wrongful death attorney.

Table of Contents

What Is a Wrongful Death Claim Under Texas Law?
Who Can File a Texas Wrongful Death Claim?
Texas Wrongful Death Laws That Could Affect Your Claim
Damages Recoverable in a Texas Wrongful Death Claim
The Wrongful Death Legal Process
Do I Need to Hire a Texas Wrongful Death Attorney?

Texas Wrongful Death Statistics

Preventable deaths occur across Texas every day, from fatal car accidents to workplace incidents to dangerous and defective products. According to the Texas Department of State Health Services, unintentional injuries have been the leading cause of death in Texas for people ages 1 to 44 since 2000, and an average of 58 victims died from injuries and violence every single day between 2020 and 2023.

Fatal car accidents remain one of the most common causes of these preventable deaths. The Texas Department of Transportation recorded 4,150 traffic fatalities across the state in 2024, meaning a family somewhere in Texas loses a loved one to a fatal accident roughly every two hours.

Other notable figures that illustrate the scope of wrongful death cases in Texas include the following:

• Drug poisonings, firearm injuries, motor vehicle crashes, and falls are the leading causes of fatal injury statewide
• More than half of all Texas traffic deaths occur in rural areas of the state
• Over 25% of all Texas traffic fatalities involve a driver under the influence of alcohol
• Reckless driving and distracted driving contribute to hundreds of fatal car accidents across Texas every year

These numbers represent real families left to cope with a sudden and permanent loss, along with the financial and emotional losses that follow. When the defendant’s negligence causes a death, Texas law gives surviving family members a path toward accountability and wrongful death compensation.

What Is a Wrongful Death Claim Under Texas Law?

A wrongful death claim allows certain surviving family members to recover damages when a person’s death is caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default. This legal standard is set out under Texas Civil Practice and Remedies Code Chapter 71, commonly referred to as the Texas Wrongful Death Act.

Claims can be filed by specific family members when a loved one’s death was caused by another person’s negligence, wrongful conduct, or intentional misconduct.

Wrongful death lawsuits can arise from many of the same situations that give rise to a personal injury claim, including a fatal car accident, a fatal work incident, or medical malpractice. The key difference is that the injured person did not survive their catastrophic injuries, so surviving family members step in to pursue the wrongful death action on their behalf.

Wrongful Death Claims vs Survival Actions

Texas law treats a wrongful death lawsuit differently from a survival action, and families are often entitled to file both at the same time.

A wrongful death claim compensates the surviving spouse, children, and parents for their own financial and emotional losses resulting from the death, such as lost income, lost financial support, and loss of companionship. A survival action, addressed under Section 71.021 of the Texas Civil Practice and Remedies Code, allows the decedent’s estate to recover for the damages the deceased person could have claimed had they survived, including their own pain and suffering, medical expenses incurred, and lost wages between the time of the injury and death.

Pursuing both claims together often maximizes the wrongful death compensation available to a grieving family, which makes working with an experienced wrongful death attorney valuable when building a case.

Which Family Members Can File a Wrongful Death Claim in Texas?

Under Section 71.004 of the Texas Civil Practice and Remedies Code, a wrongful death action exists for the exclusive benefit of specific family members. Eligible family members include the following:

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

Any one of these individuals may file a wrongful death claim on behalf of all eligible family members, or they may file together. If none of these surviving family members files a claim within three calendar months of the date of death, the decedent’s estate representative may file the lawsuit on their behalf, unless all eligible family members have specifically requested that no claim be filed.

Notably, siblings and other extended family members, such as a putative spouse, generally cannot file wrongful death claims under Texas law unless they qualify as a surviving child or parent.

Texas Wrongful Death Laws That Could Affect Your Claim

Several legal rules unique to Texas wrongful death cases can significantly affect the outcome and value of a claim. Understanding this Texas law before filing helps families avoid costly mistakes.

Statute of Limitations for Wrongful Death Claims

Texas law generally requires a wrongful death lawsuit to be filed within two years of the date the death occurred, under Section 71.003 of the Texas Civil Practice and Remedies Code. This deadline is separate from, and sometimes runs alongside, the statute of limitations for any injury claim the deceased could have filed while alive.

Missing this deadline generally results in the permanent loss of the right to seek financial compensation. Certain exceptions may apply, such as claims involving a government entity, which often require formal written notice within a much shorter window, sometimes as little as six months.

Proportionate Responsibility in Wrongful Death Cases

Texas follows a modified comparative fault rule, also called proportionate responsibility, under Section 33.001 of the Texas Civil Practice and Remedies Code. This rule can apply in wrongful death cases when the deceased person is found partially responsible for the incident that caused their own death.

If the deceased is found 51% or more at fault, surviving family members are generally barred from recovering wrongful death damages. If the deceased is found 50% or less at fault, the total damages award is reduced by that percentage. 

Insurance companies and defense attorneys frequently attempt to shift blame onto the deceased in wrongful death cases, making it critical to have an experienced wrongful death attorney who can counter these arguments.

Punitive Damages Due to Gross Negligence in Wrongful Death Claims

When a death results from a defendant’s wrongful conduct, gross negligence, or willful misconduct, Texas law allows surviving family members to seek punitive damages, also called exemplary damages, in addition to compensatory damages.

Punitive damages in most Texas wrongful death lawsuits are capped under Section 41.008 of the Civil Practice and Remedies Code. Generally, the cap limits an award to whichever is greater: $200,000 or two times economic damages plus up to $750,000 in non-economic damages. Certain wrongful death cases involving felony-level conduct, such as intoxication manslaughter, may fall outside these caps entirely.

Claims Against Government Entities

Wrongful deaths caused by a government vehicle, employee, or hazardous public roadway are governed by the Texas Tort Claims Act and often involve much shorter notice deadlines and damages caps than claims against private individuals or companies. Families pursuing this type of wrongful death claim should consult a law firm immediately, since missing a notice deadline of only a few months can permanently bar the case.

Wrongful Death and Criminal Proceedings

A wrongful death lawsuit is a civil case and is entirely separate from any criminal charges that may be filed against the person responsible for the death. Families can file wrongful death claims and pursue financial compensation regardless of whether criminal charges are filed, dropped, or result in a conviction, since the burden of proof in a civil case is lower than in a criminal case.

Common Causes of Wrongful Death in Texas

Wrongful death claims can arise from a wide variety of negligent, reckless, or wrongful conduct. Our law firm regularly represents families in wrongful death cases involving the following:

• Fatal Car, Truck, and Motorcycle Accidents: Deaths caused by reckless driving, speeding, distracted driving, or drunk driving
• Commercial Trucking Accidents: Deaths caused by driver fatigue, improper cargo loading, or trucking company traffic laws violations
• Rideshare Accidents: Fatal car accidents involving Uber, Lyft, or delivery drivers
• Premises Liability Incidents: Deaths resulting from unsafe property conditions, such as falls or inadequate security
• Workplace Accidents: Fatal injuries suffered on construction sites, industrial plants, or other job sites
• Medical Malpractice: Deaths caused by a healthcare provider’s negligence or misdiagnosis
• Dangerous and Defective Products: Deaths caused by poorly designed or manufactured consumer products
• Drowning Accidents: Fatal incidents at pools, lakes, or other bodies of water due to inadequate supervision or safety measures

Identifying the liable party in these wrongful death cases often requires a thorough investigation, since more than one person or company may share responsibility for a loved one’s death.

Damages Recoverable in a Texas Wrongful Death Claim

Texas law allows surviving family members to recover a broad range of wrongful death damages meant to reflect the full financial and emotional toll of what was lost. A wrongful death settlement or verdict typically includes the following categories of compensatory damages.

Economic Damages

• Lost income and lost financial support the deceased would have provided to the family’s future
• Lost benefits, such as retirement contributions and health insurance
• Medical bills and medical expenses incurred before death
• Funeral and burial costs, including funeral bills and burial expenses
• Loss of household services the deceased would have contributed

Non-Economic Damages

• Loss of companionship and consortium
• Mental anguish and emotional suffering
• Loss of parental guidance and nurturing for surviving children
• Loss of inheritance the deceased would reasonably have accumulated

Punitive Damages

Punitive damages may be available when the death resulted from gross negligence, malice, or intentional misconduct, subject to the caps described above. These damages are intended to punish especially reckless or wrongful conduct and deter similar behavior by negligent parties in the future.

The Wrongful Death Legal Process

Pursuing a wrongful death lawsuit in Texas generally follows a structured legal process.

1. Free Consultation

Surviving family members meet with a wrongful death attorney to discuss the circumstances of the fatal incident and determine whether a valid wrongful death claim exists.

2. Investigation

The attorney investigates the fatal accident, gathering evidence such as police reports, medical records, witness statements, and expert opinions to establish the at-fault party’s negligence.

3. Filing the Claim

The attorney identifies every eligible family member and the responsible parties, then moves to file a wrongful death claim within the applicable statute of limitations.

4. Negotiation

Most wrongful death claims are negotiated with the at-fault party’s insurance company, with the goal of reaching a fair settlement that reflects medical and funeral bills, lost income, and non-economic losses, without the need for trial.

5. Litigation

If a fair settlement cannot be reached, the attorney may file a wrongful death lawsuit and represent the family through trial to pursue maximum compensation.

Do I Need to Hire a Texas Wrongful Death Attorney?

No. However, wrongful death cases are legally complex and emotionally difficult to navigate without help. An experienced wrongful death attorney can manage the legal process, so surviving family members can focus on grieving and healing.

The Risks of Handling a Wrongful Death Claim Without an Attorney

• Missing the two-year statute of limitations or a shorter government notice deadline
• Accepting an early settlement that undervalues future lost income and benefits
• Failing to identify all negligent parties, such as a trucking company or product manufacturer
• Facing pressure from insurance adjusters seeking recorded statements without legal guidance

When Should I Contact a Wrongful Death Lawyer?

Families should consult a wrongful death lawyer as soon as possible after losing a loved one to a preventable death. Early legal involvement helps preserve critical evidence, including police reports and witness statements, and ensures the claim is filed before important deadlines pass, improving the odds of a favorable outcome.

Wrongful Death FAQs

How long do I have to file a wrongful death claim against the negligent party in Texas?

Texas law generally allows two years from the date the death occurred to file a wrongful death lawsuit, though claims against government entities often require notice within a much shorter timeframe.

Who can file a wrongful death lawsuit in Texas?

If there is a surviving spouse, children, or parents of the deceased, they generally are the only eligible family members entitled to file a wrongful death claim under Texas law.

Can a wrongful death claim proceed if the deceased was partially at fault?

Yes, but Texas’s proportionate responsibility rule reduces the damages award by the deceased person’s percentage of fault, and bars recovery entirely if the deceased is found 51% or more responsible.

Is there a cap on damages in a Texas wrongful death case?

Economic and non-economic compensatory damages are generally not capped in Texas wrongful death lawsuits involving private parties, though punitive damages are subject to caps under Section 41.008 of the Civil Practice and Remedies Code.

Do I have to pay attorney fees up front?

No. Our law firm works on a contingency fee basis, meaning families pay nothing unless we recover wrongful death compensation on their behalf.

Contact Our Dallas Wrongful Death Attorneys Today

No family should have to navigate a loved one’s death alone, especially while managing the legal complexities of a wrongful death lawsuit. Our experienced Texas wrongful death attorneys are here to guide your family through every step of the legal process and fight to hold the responsible parties accountable.

Schedule a free consultation today. Jeff’s got you.

Other Practice Areas Our Texas Personal Injury Law Firm Specializes In

• Texas Car Accidents
• Texas Bicycle Accidents
• Texas Dog Bite Cases
• Texas Motorcycle Accidents
• Texas Pedestrian Accidents
• Texas Personal Injury Accidents
• Texas Slip and Fall Accidents
• Texas Truck Accidents
• Texas Uber and Lyft Accidents
• Texas Workplace Accidents

Attorney Jeff Car Accident Lawyer’s Other Locations

Speak with our personal injury attorneys today for a free consultation. We have locations throughout California and Arizona. 

• Bakersfield
• Corona
• Fontana
• Fresno
• Hesperia
• Monterey Park
• Phoenix
• Rancho Cucamonga
• San Jose
• Santa Ana
• Tustin
• Van Nuys
• Victorville
• Visalia