Texas Wrongful Death Laws (2026): Deadlines & Who Can Sue

When a person in Texas dies because of another party's negligence or wrongful act, state law lets certain close family members bring a wrongful death claim, and the estate may bring a separate survival claim. These are civil cases, separate from any criminal prosecution, meant to compensate for the loss. Texas defines who may sue, sets the deadline, and decides what damages a court can award. This guide explains those rules in plain language. It is general legal information and attorney advertising, not legal advice, and reading it does not create an attorney-client relationship.

The deadline to file in Texas

The statute of limitations for a Texas wrongful death claim is generally two years from the date of death under Civil Practice and Remedies Code 16.003. This deadline applies to both the wrongful death claim and the separate survival claim, and missing it almost always bars the case permanently. Claims involving a governmental unit carry their own shorter notice requirements under the Texas Tort Claims Act, and certain situations can affect the timing, so the exact deadline should be confirmed early with a licensed Texas attorney.

Who can file in Texas

Texas limits standing tightly. Under Civil Practice and Remedies Code 71.004, a wrongful death action is for the exclusive benefit of the deceased person's surviving spouse, children, and parents, and those same people are the ones who may bring it. Texas courts have made clear that siblings of the deceased do not have standing under the Act, and grandchildren are likewise not among the statutory claimants. Adopted children and adoptive parents are treated as children and parents for this purpose.

If none of the eligible family members files within three calendar months of the death, the executor or administrator of the estate must bring the action on behalf of the beneficiaries, unless all of the beneficiaries request that it not be filed. Only one wrongful death action exists for a given death, so all eligible beneficiaries are brought into a single case, and any one of them may file it for the benefit of all.

Wrongful death versus survival actions

Texas keeps two distinct claims, and both can arise from the same death. The wrongful death claim, under Sections 71.002 and 71.004, compensates the surviving spouse, children, and parents for their own losses caused by the death. The survival action, under Section 71.021, is different: it continues the legal claim the deceased person held at the moment of death, as if the person had lived, and it belongs to the estate.

The survival action survives to and in favor of the deceased person's heirs, legal representatives, and estate, and is typically brought by the estate's personal representative. It recovers the losses the deceased personally suffered, such as the medical expenses from the final injury, lost earnings between injury and death, conscious pain and suffering before death, and funeral expenses. Keeping the two claims separate matters because they compensate different parties: wrongful death damages go to the family, while survival damages become an estate asset.

Damages you can recover

Through the wrongful death claim, the surviving spouse, children, and parents can recover for the losses the death causes them. Economic damages include the loss of the deceased person's earning capacity, and the lost care, maintenance, support, services, advice, and counsel the deceased would have provided. Noneconomic damages include mental anguish and the loss of companionship and society, meaning the positive benefits of the love, comfort, and relationship the survivors enjoyed with the deceased. A spouse, child, or parent may recover for these relational losses.

Through the separate survival action, the estate recovers the deceased person's own pre-death losses, including conscious pain and suffering, medical expenses, and funeral costs. Together, the two claims allow a Texas family to seek compensation both for what the survivors lost and for what the deceased personally endured before death.

Damage caps and punitive damages

Texas does not cap compensatory wrongful death damages in ordinary cases. Lost earning capacity, mental anguish, loss of companionship, and the survival action's pre-death damages are measured by the losses proven, with the notable exception of medical-malpractice cases, which have their own statutory limits on noneconomic damages.

Exemplary damages, which Texas uses to describe punitive damages, are available where the claimant proves by clear and convincing evidence that the death resulted from fraud, malice, or gross negligence. The Texas Constitution specifically authorizes exemplary damages in a wrongful death action. They are, however, capped under Civil Practice and Remedies Code 41.008. The cap is the greater of $200,000, or two times economic damages plus noneconomic damages up to $750,000. That exemplary-damages cap does not apply to certain serious felony conduct listed in the statute.

How fault affects the claim

Texas follows modified comparative fault, called proportionate responsibility, under Chapter 33 of the Civil Practice and Remedies Code. If the deceased person was partly responsible for the event that caused the death, the recovery is reduced by that share of fault, and it is barred entirely if the deceased person was more than 50 percent at fault. So a deceased person found 30 percent at fault would reduce a recovery by 30 percent, while a deceased person found 51 percent at fault would bar the claim.

How proceeds are distributed

Texas wrongful death damages are awarded for the exclusive benefit of the surviving spouse, children, and parents. The jury apportions the recovery among those beneficiaries in the shares it finds appropriate based on each person's loss, so the award is divided according to the proven losses rather than by a fixed formula. The separate survival recovery belongs to the estate and is distributed through probate under the deceased person's will or Texas intestacy rules, where it can be reached by estate creditors.

How to move forward

The two-year filing deadline does not pause for grief, so the practical steps are to preserve records, including the death certificate, medical and accident records, and proof of the deceased person's earnings and the family's losses; to confirm who has standing under the surviving-spouse, children, and parents rule; and to consider whether an estate representative is needed for the survival claim. Speaking with a licensed Texas attorney promptly matters because of the deadline and the three-month executor rule. Most wrongful death attorneys offer a free consultation and work on a contingency basis, meaning no upfront fee and payment only out of any recovery. No outcome can be promised, and this article is information, not legal advice.