What Compensation Can Families Recover in Texas Wrongful Death Cases?

When someone dies because of another person's actions, Texas law allows the surviving family to file a wrongful death claim. These claims focus on the harm the family suffers due to the loss. What compensation families can recover in Texas wrongful death cases depends on many factors, including the relationship to the person who died and the nature of the incident.

If you believe you have a claim, a wrongful death lawyer in Texas can explain your rights and help move the case forward. Most offer free consultations, so there’s no risk in reaching out.

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Definition of Wrongful Death Under Texas Law

Wrongful death in Texas refers to a death caused by another person or company through a "wrongful act, neglect, carelessness, unskillfulness, or default." These cases may involve car accidents, unsafe workplaces, or dangerous products, among other types of accidents.

Texas law allows certain family members to file a lawsuit when a loved one dies due to someone else's wrongful act, carelessness, or neglect. This type of lawsuit focuses on the harm caused to the family members, not just the harm to the person who passed away.

Statutory Framework

Chapter 71 of the Texas Civil Practice and Remedies Code governs wrongful death actions. It sets out who can file, the types of damages allowed, and the time limits to bring a claim.

Wrongful Death vs. Survival Actions

A wrongful death claim belongs to the surviving family members. A survival action is a separate lawsuit brought by the deceased person’s estate for damages the person could have recovered if they had lived. For example, if someone survived for days before passing, the estate might claim medical expenses or pain suffered during that time.

Time Limitations for Filing Claims

Texas law usually gives families two years from the date of death to file a wrongful death lawsuit. Missing this deadline can mean losing the right to recover damages. Some exceptions might extend the time, but they are limited.

Who Can File a Wrongful Death Claim in Texas?

Texas law only allows certain people to bring a wrongful death claim. These individuals are usually the closest surviving relatives.

Eligible Family Members Under Texas Law

Surviving Spouse: A spouse has a clear right to file a wrongful death claim, no matter how long the marriage lasted.
Children: Biological and legally adopted children can bring a claim, even if they are adults. Stepchildren do not qualify unless legally adopted.
Parents: When there is no spouse or child to file a claim, surviving parents may bring one. This applies to both biological and adoptive parents.

Priority Order for Filing Claims

Any eligible party may file individually or as a group. If none of the qualifying individuals file within three months of the death, the personal representative of the estate may bring the claim unless all family members object.

If more than one party wants to file, courts may combine claims. The law protects the interests of each party by ensuring compensation is divided fairly based on their loss.

What Types of Compensation Are Available?

Compensation in wrongful death claims falls into three categories: economic damages, non-economic damages, and, in rare cases, punitive damages.

Economic Damages

Lost Future Earnings and Benefits: If the deceased was working, families can seek the value of income and benefits they would have received if the person had lived.
Medical Expenses Before Death: If the person received treatment before passing, those costs can be included in the claim.
Funeral and Burial Costs: Families can request reimbursement for these final expenses.
Loss of Household Services: This includes help the person provided, like cleaning, childcare, repairs, or driving family members to appointments.

Non-Economic Damages

Loss of Companionship and Consortium: Surviving spouses may recover for the emotional loss of their partner’s love and companionship.
Mental Anguish and Emotional Suffering: Family members can receive damages for the emotional pain caused by the death.
Loss of Guidance and Counsel: Children who lose a parent may be entitled to recover for the loss of advice, support, and care the parent would have given.
Pain and Suffering of Survivors: In some cases, courts allow compensation for the emotional struggle surviving family members go through.

Punitive Damages (When Applicable)

Punitive damages are not meant to compensate the family but to punish wrongdoers and deter future misconduct. Texas courts may award these when there’s evidence of gross negligence or intentional harm. Examples include drunk driving crashes or violent conduct.

Punitive damages in Texas have limits. These caps depend on the economic damages awarded and are calculated using a formula based in part on the severity of the case.

How Are Wrongful Death Damages Calculated in Texas?

Each wrongful death case is unique. Courts look at several factors to figure out the value of a claim.

Factors Courts Consider

Age and Health of the Deceased: A younger, healthy person with years of expected income ahead often results in higher compensation.
Earning Capacity: This includes the person's career, salary, job stability, and potential raises.
Relationship With Survivors: Courts consider the strength and closeness of the relationship between the deceased and the family member filing.
Contributions to the Family: These include financial support, childcare, home upkeep, and emotional support.

Methods for Calculating Future Losses

Calculating future losses involves detailed projections. These include:

Present Value Calculations: Future earnings are adjusted to reflect what they’d be worth today.
Economic Expert Testimony: Attorneys often work with economists to strengthen a claim.
Inflation and Raises: Economists account for expected raises, promotions, and inflation when estimating lost earnings.

Are There Caps on Wrongful Death Damages in Texas?

Some wrongful death claims are subject to damage caps. Whether a cap applies depends on the cause of death. Most wrongful death cases do not have caps on economic or non-economic damages unless punitive damages apply.

Punitive Damage Limitations

Texas caps punitive damages at the greater of:

$200,000, or
Twice the economic damages plus an equal amount of non-economic damages (up to $750,000)

Common Causes of Wrongful Death in Texas

Families across Texas suffer the loss of loved ones every year because of preventable accidents. Some of the most common causes of wrongful death that often lead to these claims in Texas include:

Car Accidents: Fatal crashes frequently happen due to speeding, distracted driving, and reckless behavior on Texas roads.
Truck Accidents: Large commercial vehicles can cause devastating injuries or deaths when drivers are fatigued, overloaded, or fail to follow safety rules.
Motorcycle Accidents: Riders have little protection, so crashes with other vehicles often lead to fatal outcomes.
Pedestrian Accidents: People walking along roads or in crosswalks can be hit when drivers fail to yield or aren't paying attention.
Bicycle Accidents: Cyclists struck by cars or trucks may suffer fatal injuries, especially in areas without proper bike lanes or signage.
Drunk Driving Accidents: Alcohol-impaired drivers remain a major cause of fatal collisions in Texas, despite strict laws.
Ride Share Accidents: Uber, Lyft, and other ride-share services are involved in a growing number of deadly crashes due to driver distraction or inexperience.
Dog Bite Injuries: Severe dog attacks, particularly involving children or elderly adults, can result in fatal injuries or infections.
Construction Accidents: Falls, equipment failures, or site hazards may lead to wrongful deaths, especially when safety standards aren't followed.
Slip and Fall/Premises Liability: Property owners who don’t fix dangerous conditions can be held responsible if someone dies from a fall or related injury on their premises.

These types of incidents happen every day, often without warning. When a death occurs due to preventable actions, families don’t have to bear the burden alone. Working with an attorney provides them the tools and resources to seek justice, financial support, and accountability.

How Can a Wrongful Death Attorney Help Your Family?

A wrongful death attorney supports families through every step of the legal process. This includes building the case, dealing with the insurance company, and going to court if needed.

Case Investigation and Evidence Gathering

Accident Reconstruction: Professionals recreate the event to show what happened and who was at fault.
Medical Record Analysis: Records help prove the cause of death and related costs.
Expert Witness Coordination: Specialists may testify about causes, losses, and expected income.
Preservation of Crucial Evidence: Attorneys make sure key documents, videos, or statements are saved before they disappear.

Negotiation and Settlement

Insurance companies often try to settle quickly to limit payouts. Lawyers push back against low offers and present evidence showing the full extent of the family’s loss.

Trial Representation

If the other side won’t agree to a reasonable settlement, the case can go to trial. A lawyer presents the evidence in court, explains the law, and asks the jury for fair compensation.

Emotional Support and Guidance

While lawyers don’t provide therapy, they help families understand each step and avoid unnecessary stress. Many also help connect clients with grief counselors or support groups.

The Importance of Acting Quickly

Wrongful death claims must be filed within two years, but waiting too long can cause problems even before that deadline hits.

Statute of Limitations (2 Years in Most Cases)

Texas gives families two years from the date of death to file. Filing even one day late may end the case.

Exceptions That Could Extend the Time to File

Some rare situations, like when the defendant hides information or when the victim was a minor, may allow more time.

Claims Against Government Entities

Different rules apply when the claim is against a city, county, or state agency. Families

often must file notices within six months or less.

Evidence Preservation Concerns

Key evidence may disappear over time. Photos, security footage, or repair logs may not be available later.

Witness Memory and Availability

Witnesses forget or move away. Getting their statements early strengthens the case.

Insurance Company Tactics

Insurers may delay communication, deny claims, or make offers that ignore key damages. Early legal help keeps them from controlling the story.

Frequently Asked Questions About Wrongful Death Compensation in Texas

Can I still file a claim if the deceased was partially at fault?

Yes. Texas uses modified comparative fault. As long as the deceased was not more than 50% at fault, the family may recover compensation. However, the amount will be reduced based on their share of fault.

You can still file a civil wrongful death claim. Criminal charges and civil lawsuits are separate, and one does not affect the other.

How long does a wrongful death case typically take?

Many cases resolve in 1 to 3 years. Simple cases may settle sooner. Cases with multiple parties, high damages, or disputed facts take longer.

Can unmarried partners file wrongful death claims?

Usually not, unless they share children with the deceased or have another legal tie that qualifies them under Texas law.

What if the deceased had no will or estate?

That doesn't stop a wrongful death claim. However, it might affect who receives the money or how it gets distributed.

Let Us Help Protect Your Family's Future

Wrongful death cases involve legal rules, court deadlines, and deep emotions. Families deserve an attorney who will fight for a fair outcome and explain every step clearly. As a trusted Texas personal injury lawyer, DFW Injury Lawyers work closely with grieving families, helping them find answers, build strong cases, and recover what they’re owed.

You don’t pay unless the case results in a recovery. Contact us today for a free consultation. Let us help you hold the responsible party accountable and protect your family’s future.