Who Can File a Wrongful Death Suit In Texas?

Last Updated on July 17, 2025 by Beltz Law Group

Filing a Wrongful Death Lawsuit in Texas: A Clear Guide

Losing a loved one is an incredibly painful experience. When that loss is due to someone else’s carelessness or intentional wrongdoing, it adds an overwhelming layer of grief and often, confusion. In Texas, if a death occurs because of another party’s actions, it might fall under the legal definition of “wrongful death.” Unlike criminal cases focused on intent, a wrongful death claim aims to hold the at-fault party financially accountable for their negligent or reckless behavior.

Understanding who has the legal right to file a wrongful death lawsuit in Texas can be complex, as these laws vary significantly from state to state. This guide will clearly explain who can bring such a claim in Texas and outline the critical factors involved.

Who Can File? The Eligible Parties in Texas

Texas law is very specific about who can initiate a wrongful death lawsuit. Generally, the right to file belongs to certain immediate family members or, in specific circumstances, the deceased person’s personal representative.

1. Immediate Family Members: The First in Line

The Texas Wrongful Death Statute prioritizes certain close relatives to file a lawsuit:

• The Deceased’s Surviving Spouse: This refers to the legally married husband or wife of the person who passed away.
• The Deceased’s Adult Children: This includes both biological children and those legally adopted by the deceased. To file, they must be at least 18 years old.
• The Deceased’s Parents: This includes both biological and adoptive parents.

Important Note: It’s crucial to understand that under Texas law, other family members like siblings, grandparents, aunts, uncles, or cousins generally cannot directly file a wrongful death claim.

Crucial Time Limit for Family Filers:

Immediate family members face a very strict deadline: they have a critical window of three months from the date of their loved one’s death to either file the wrongful death lawsuit themselves or hire an attorney to do so. If they do not act within this initial three-month period, the authority to file may then transfer to the deceased’s personal representative.

2. The Personal Representative: Acting on Behalf of the Estate

If the immediate family members do not file a wrongful death lawsuit within the initial three-month period, the right to file typically shifts to the deceased’s personal representative. This individual is legally appointed to manage the deceased person’s financial and legal affairs.

A personal representative is usually:

• An Executor: If the deceased had a valid will, it likely named an executor to oversee their estate.
• An Administrator: If there was no will, a court would appoint an administrator to manage the estate.

Extended Timeframe for Personal Representatives: The personal representative has a longer period to file a wrongful death lawsuit—generally up to two years from the date of the deceased’s death. This provides a vital opportunity for the estate to pursue justice if the immediate family did not or could not act within the initial three months.

What Kind of Damages Can Be Recovered in a Wrongful Death Lawsuit?

While no amount of money can ever replace a loved one, a wrongful death lawsuit aims to provide financial stability and acknowledge the profound impact of the death on the surviving family. The types of compensation that may be sought include:

• Loss of Earning Capacity: This covers the income and financial support the deceased would have provided throughout their life, including potential future earnings. This is especially vital for families where the deceased was the primary earner.
• Loss of Inheritance: Compensation for the financial assets and wealth the deceased would likely have accumulated and passed down to their heirs.
• Loss of Companionship and Society: This addresses the emotional and non-economic losses, such as the profound grief, mental anguish, sorrow, loss of love, comfort, emotional support, and the irreplaceable companionship of the deceased.
• Pecuniary Losses: These are direct financial expenses related to the death, including:
  • Medical bills incurred for the deceased’s final injury or illness.
  • Funeral and burial expenses.
• Loss of Services: Compensation for the value of non-financial contributions the deceased would have provided, such as household services, childcare, guidance, advice, and care.

Why You Need an Experienced Wrongful Death Attorney

Navigating a wrongful death lawsuit in Texas is incredibly challenging, both legally and emotionally. The strict filing deadlines, the complexities of proving negligence, and the difficulty in calculating the full extent of damages require specialized legal expertise.

An experienced wrongful death attorney can:

• Identify the Correct Filers: Accurately determine who has the legal standing to bring the lawsuit.
• Investigate and Gather Evidence: Thoroughly investigate the circumstances of the death and collect all necessary evidence to prove the at-fault party’s negligence.
• Accurately Assess Damages: Expertly calculate and pursue all potential damages, ensuring you seek the full compensation you are entitled to.
• Handle All Legal Proceedings: Represent your interests in negotiations with insurance companies, during mediation, and if necessary, in court.
• Provide Compassionate Guidance: Offer support and clear communication throughout the difficult legal process.

If you are facing the heartbreaking loss of a loved one due to someone else’s wrongful act, contacting a knowledgeable Texas wrongful death law firm like the Beltz Law Group is a crucial step. We can help you understand your legal options, protect your rights, and pursue the justice and financial stability your family deserves during this challenging time.