To begin a wrongful death suit in Texas, you’ll need to consult with an attorney, gather key documents such as the death certificate, and file your claim within the state’s two-year statute of limitations—while proving that negligence caused the death and led to financial loss.
Grounds for Filing a Wrongful Death Suit
Texas law allows families to pursue a wrongful death claim when a person dies due to someone else’s wrongful act, neglect, carelessness, unskillfulness, or default.
Common grounds for a wrongful death suit include:
- Fatal car or truck accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal acts, such as assault or homicide
The key is proving that the death could have been prevented if not for the defendant’s actions or failure to act.
Who Can Bring a Wrongful Death Lawsuit?
Under Texas Civil Practice & Remedies Code Section 71.004, the right to file a wrongful death suit is limited to:
- Surviving Spouse
- Biological or Adopted Children (of any age)
- Biological or Adoptive Parents
These individuals may file the claim individually or together. If no one files within three months of the death, the executor or administrator of the estate may file on behalf of the estate—unless all eligible family members request otherwise.
Note: Siblings, grandparents, and other relatives cannot file a wrongful death lawsuit in Texas.
Steps in a Wrongful Death Suit
Here’s a simplified step-by-step breakdown of how to file a wrongful death claim in Texas:
1. Consult with a Wrongful Death Attorney
An experienced lawyer will review the facts, explain your rights, and build a strong case. They’ll help you determine eligibility and assess damages.
2. Gather Evidence and Documentation
Collect important records, such as:
- The death certificate
- Medical or police reports
- Proof of negligence or fault
- Documentation of financial loss and relationship to the deceased
3. File the Lawsuit in Civil Court
Your attorney will file the complaint in the appropriate Texas court, naming the responsible party or parties.
4. Negotiate or Proceed to Trial
Many cases are resolved through settlements, but if an agreement isn’t reached, your attorney will represent you at trial.
Affected Parties That Get the Compensation in a Wrongful Death Lawsuit
In Texas, compensation is awarded directly to the surviving family members, not the deceased’s estate. Eligible beneficiaries include:
- The surviving spouse
- Children (minor or adult)
- Parents of the deceased
Types of Recoverable Damages:
- Economic losses: lost earning capacity, funeral costs, medical expenses
- Non-economic losses: emotional pain, loss of companionship, mental anguish
- Exemplary (punitive) damages: awarded in cases of gross negligence or intentional harm
Texas Wrongful Death Statute of Limitations
In most cases, you have two years from the date of the person’s death to file a wrongful death lawsuit in Texas.
Exceptions to the Rule:
- The plaintiff is a minor at the time of death
- Fraud or concealment delayed the discovery of the wrongful act
- The case involves a criminal investigation
Missing this deadline can permanently bar you from pursuing legal action, so it’s crucial to act promptly.
How Carew Garcia Bohuslav Law Can Help
At Carew Garcia Bohuslav Law, PLLC, we understand the heartbreak of losing a loved one due to someone else’s actions. Our mission is to help families like yours get answers, accountability, and compensation.
Here’s what you can expect when working with us:
- Clear, compassionate communication
- Decades of experience in wrongful death and personal injury law
- A proven record of results in both negotiations and trials
- Personalized legal strategy tailored to your case
We handle the legal complexities so you can focus on healing.
Take the Next Step Toward Justice
You’ve got questions—and we have the experience and determination to get you answers. If someone else’s negligence took your loved one too soon, now is the time to act.
At Carew Garcia Bohuslav Law, we don’t just take on cases—we take on causes. We fight relentlessly for Texas families who deserve accountability, closure, and compensation.
Don’t wait. The clock is ticking, and your family’s future matters.
Schedule your free consultation to speak with a dedicated texas wrongful death attorney who’s ready to stand by your side.