The Texas Wrongful Death Act gives surviving family members a legal path to financial recovery when negligence or misconduct causes a death. Under this statute, surviving spouses, children, and parents are each entitled to file a civil claim against the party whose actions caused the fatal injury. This civil process operates entirely separately from any criminal charges that may arise from the same event. The burden of proof in a civil wrongful death case is a preponderance of the evidence — meaning the family must show it is more likely than not that the defendant’s negligence caused the death. This is a significantly lower standard than the “beyond a reasonable doubt” threshold required in criminal court. Texas law generally requires wrongful death claims to be filed within two years of the date of death. Missing this deadline almost always results in the permanent loss of the right to seek compensation, which is why contacting an attorney as soon as possible after a fatal accident is critical.

Common Causes of Wrongful Death in Texas

Wrongful death claims arise whenever another party’s negligent, reckless, or intentional conduct causes a fatal injury. The most frequent causes seen across Texas courts include motor vehicle collisions, commercial truck accidents, drunk driving crashes, and medical malpractice. Workplace fatalities on construction sites and oil fields are also common, as are deaths caused by dangerous or defective products. Fatal accidents on poorly maintained private or commercial property, train and boating accidents, and violent crimes such as assault and homicide can all give rise to a civil wrongful death claim. The specific circumstances of each death determine which parties bear legal liability and what evidence must be gathered to prove the case.

• Car, truck, and motorcycle accidents
• Drunk driving crashes
• 18-wheeler and commercial vehicle accidents
• Medical malpractice and surgical errors
• Workplace accidents and on-the-job fatalities
• Accidents on unsafe or poorly maintained property
• Train, airplane, and boating accidents
• Defective products and dangerous medical devices
• Assault, manslaughter, and homicide

Regardless of how the death occurred, if another party’s conduct played a role, a thorough investigation can identify every liable party and build the strongest possible case for the surviving family.

What Compensation Can Texas Wrongful Death Families Recover?

Texas law allows surviving family members to recover two broad categories of damages. Economic damages address the concrete financial losses the family suffers as a direct result of the death. Non-economic damages address the deeply personal losses that cannot be reduced to a receipt or a pay stub but are just as real and just as devastating.

Economic Damages

• Lost income and future earning capacity
• Medical expenses incurred before death
• Funeral and burial costs
• Loss of household services and contributions

Non-Economic Damages

• Loss of companionship, love, and emotional support
• Loss of parental guidance for surviving children
• Mental anguish and grief
• Loss of consortium for surviving spouses

In cases where the defendant’s conduct was especially reckless or malicious — such as a drunk driver with prior DWI convictions — exemplary damages may also be available to punish the wrongdoer and deter similar conduct in the future.

Who Can File a Wrongful Death Claim in Texas?

The Texas Wrongful Death Act specifically identifies which family members have the legal standing to bring a claim. A surviving spouse retains the right to file regardless of whether the couple had children. Surviving children — biological and legally adopted — may file their own claims independent of the surviving spouse. Surviving parents of an adult child who was killed may also pursue a wrongful death action. When none of these eligible family members file a claim within three months of the death, the executor or administrator of the deceased person’s estate may file on behalf of the estate itself. Each eligible family member may pursue their own separate claim, and the total compensation recovered reflects the specific losses each person has suffered as a result of the death.

How Insurance Companies Handle Wrongful Death Claims

Insurance companies respond to fatal accident claims with speed and strategy — but not in the family’s favor. Adjusters are trained to contact grieving families within days of a death, often before the family has spoken with an attorney or fully understood the value of their claim. The goal is to secure a signed release for the lowest possible amount while the family is still in shock. Accepting any settlement offer before a thorough investigation is complete almost always means leaving substantial compensation on the table.

An experienced attorney takes over all communications with the insurance company from the first day of representation. Independent investigators document the accident scene, preserve physical evidence, and interview witnesses before critical details disappear. Medical experts and life care planners calculate the true long-term financial impact of the loss. If the insurance company refuses to offer a fair settlement, the case goes to trial — and a jury, not an adjuster, decides what the family deserves. Never sign anything from an insurance company after a wrongful death without first speaking with an attorney.

The Investigation Process

Building a strong wrongful death case requires moving quickly. Evidence disappears fast — surveillance footage gets overwritten, accident scenes get cleared, and witnesses’ memories fade. An attorney who begins the investigation immediately after being retained can secure dashcam footage, black box data from commercial trucks, cell phone records, and toxicology reports before they become unavailable. In medical malpractice cases, obtaining and preserving the complete medical record before it is altered or selectively summarized is essential. Expert witnesses — accident reconstructionists, treating physicians, and forensic economists — are retained early to analyze the evidence and prepare testimony that clearly establishes both liability and the full extent of the family’s losses.

Survival Claims vs. Wrongful Death Claims

Texas law distinguishes between two types of claims that often arise from the same fatal incident. A wrongful death claim is brought by surviving family members for their own losses — the grief, the lost income, the absence of a parent or spouse. A survival claim, by contrast, is brought on behalf of the deceased person’s estate and seeks compensation for the pain, suffering, and financial losses the deceased person experienced between the time of the injury and the time of death. Both claims can be pursued simultaneously, and doing so ensures that the family recovers the full measure of damages the law allows. An attorney experienced in fatal accident cases will evaluate both options from the outset.

If you have lost a family member due to someone else’s negligence, the decisions you make in the days and weeks that follow will directly affect your family’s financial future. Speaking with an attorney costs nothing and carries no obligation. The sooner the investigation begins, the stronger the case becomes. Reach out today to discuss your situation with a legal professional who understands what your family is going through and knows exactly what it takes to hold the responsible party accountable.