Wrongful Death in Texas: What Families Need to Know About Filing a Claim

Losing a loved one is devastating—especially when their death was caused by someone else’s negligence. In Texas, the law allows certain family members to file a wrongful death claim to seek justice and compensation. If you’re grieving and unsure of your legal options, here’s what you need to know.

What Qualifies as a Wrongful Death in Texas?

Under Texas Civil Practice and Remedies Code §71, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another party. This includes incidents such as:

• Fatal car or truck accidents
• Workplace or construction site incidents
• Medical malpractice
• Criminal acts like shootings due to negligent security

Who Can File a Wrongful Death Claim in Texas?

In Texas, the following individuals may be eligible to file a wrongful death lawsuit:

• Spouse of the deceased
• Children (including adult children)
• Parents of the deceased

If none of these family members file within three months, the estate’s representative may do so—unless a family member specifically requests otherwise.

Types of Compensation You May Recover

Wrongful death damages aim to compensate surviving family members for both economic and emotional losses. These may include:

• Funeral and burial expenses
• Lost earning capacity and benefits
• Loss of companionship, love, and support
• Mental anguish
• Medical expenses incurred before death

How Long Do You Have to File?

In most cases, you have two years from the date of death to file a wrongful death claim in Texas. However, exceptions may apply—especially in cases involving minors or criminal investigations. Don’t wait until it’s too late to take legal action.

Why You Need an Experienced Wrongful Death Attorney

Insurance companies will do everything possible to minimize payouts—even in the most tragic cases. That’s why it’s crucial to have a compassionate and aggressive legal team on your side. At the Law Offices of Hilda Sibrian, we’ve helped Houston families secure justice and financial stability during their most difficult moments. We offer free consultations and only get paid if we win your case.

Recent Quote from Attorney Hilda Sibrian:

“Every family deserves answers after a wrongful death. We make sure the legal system hears your voice and respects your loss.” – Hilda Sibrian

Get Trusted Legal Support Today

If you lost a loved one in a preventable accident, we’re here to help. Contact us today to schedule your free consultation. Our bilingual team is ready to support you with dignity, honesty, and skill.

FAQ: Wrongful Death in Texas

Who can file a wrongful death claim in Texas? Spouses, children, and parents of the deceased may file. If they don’t, the estate can file after three months. How long do I have to file a wrongful death lawsuit? You typically have two years from the date of death. What damages are available? You may recover funeral costs, lost income, pain and suffering, and more. Can I sue if my loved one died in a workplace accident? Yes, especially if the employer lacks workers’ compensation or a third party is involved. How much does a wrongful death lawyer cost? We work on a contingency basis—no fees unless we win your case.