Who Can File a Wrongful Death Lawsuit in Texas?
When a loved one passes away unexpectedly due to someone else's actions or carelessness, the emotional and financial toll can feel overwhelming. In Texas, the law does allow certain individuals to pursue justice through a wrongful death lawsuit.
This legal action gives families the ability to hold the responsible party accountable and to recover compensation that helps with medical bills, lost income, and emotional suffering.
At Tormey & McConnell, our lawyers Jeff Tormey and Ed McConnell focus on helping grieving families across the Texas Panhandle understand their rights. If your loss is tied to someone else’s wrongful actions, you may also have a valid personal injury claim tied to the same incident. The lawyers at our firm will help you determine what you may be eligible to pursue.
What Is a Wrongful Death Lawsuit?
Texas law defines a wrongful death as one that results from an injury caused by another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” While the person who died can’t bring a lawsuit, Texas law allows certain survivors to file on their behalf.
A wrongful death case is separate from any criminal charges that might also apply. It’s a civil action meant to help loved ones recover damages for the loss they’ve suffered, including those typically associated with personal injury. These may stem from a variety of incidents, such as:
Fatal car accidents: A reckless or intoxicated driver may cause a crash that results in death.
Medical malpractice cases: A doctor’s mistake, surgical error, or failure to diagnose can result in fatal consequences.
Defective product injuries: If a dangerous product causes death, the manufacturer or distributor may be held responsible.
Workplace accidents: If a death occurs due to safety failures or negligence at work, survivors may have grounds for a lawsuit.
Premises liability cases: Dangerous property conditions can cause deadly accidents, particularly in falls or fires.
A wrongful death lawsuit gives families the opportunity to seek legal accountability for these tragedies and potentially recover financial compensation.
Who Has The Right To File A Wrongful Death Lawsuit?
Texas law limits the group of individuals who can file a wrongful death claim. Only specific family members or a representative of the estate have this right, and their role in the deceased person’s life will affect how the claim proceeds.
Spouses, Children, and Parents of the Deceased
The law is clear about who may initiate a wrongful death lawsuit. The first category includes the immediate family:
Spouses: A surviving spouse, including those in legally recognized common-law marriages, may bring a lawsuit. This right stands regardless of the couple’s financial situation or duration of the marriage.
Children: Biological and legally adopted children of the deceased may also file. Adult children are not excluded—they may still file even if they no longer relied on their parent for support.
Parents: If a child dies, the biological or adoptive parents have standing to file a wrongful death lawsuit.
These individuals can file a lawsuit individually or jointly. If they choose not to file within three months of the date of death, a different party may then be eligible to do so.
The Personal Representative of the Estate
If the spouse, children, or parents don’t file within the first three months, the personal representative (also known as the executor) of the deceased person’s estate may take legal action. This role is typically named in the deceased’s will. If there’s no will, a court may appoint someone to handle the estate.
The personal representative must act in the interest of the legal beneficiaries and distribute any damages recovered according to state law. This role is particularly important when the direct family does not take legal action or when the family requests that the estate representative handle the process instead.
Who Is Not Eligible To File A Wrongful Death Claim?
It’s just as important to understand who can’t file a wrongful death lawsuit in Texas. The law limits this legal right to those with clear familial or estate connections to the deceased.
Siblings: Whether biological, adopted, or half-siblings, brothers and sisters don’t have legal standing to file a wrongful death claim in Texas.
Fiancés or long-term partners: A person engaged to be married or in a long-term relationship not recognized under Texas law will not qualify.
Friends, roommates, or coworkers: These relationships, while emotionally significant, don’t meet the requirements for legal standing.
Extended family: Cousins, aunts, uncles, and grandparents generally can’t file unless they’re the legal guardians of a minor who is a beneficiary.
Even if these individuals were emotionally close to the deceased or financially impacted by the death, they’re not legally allowed to file the claim.
Types Of Damages Available In A Wrongful Death Lawsuit
Wrongful death lawsuits often include damages commonly found in personal injury cases. However, the specific categories differ to reflect the impact on surviving family members. These damages can be broken into three broad categories:
Economic Damages
These are financial losses that can be calculated:
Loss of financial support: Covers the income the deceased would have provided over their lifetime.
Loss of benefits: Includes pension plans, medical coverage, and retirement income the family may have relied on.
Funeral and burial expenses: These may be recovered if paid by the survivors.
Non-Economic Damages
These damages reflect emotional and relational losses, including:
Loss of companionship: A surviving spouse may be compensated for the absence of emotional support and marital companionship.
Mental anguish: Children or parents may receive compensation for emotional distress resulting from the loss.
Loss of inheritance: This covers what the heirs would have received if the deceased had lived a normal lifespan.
Exemplary Damages
Also known as punitive damages, these may be awarded when the death results from gross negligence or intentional misconduct. These are meant to punish the defendant and deter similar behavior.
How A Wrongful Death Lawsuit Differs From A Personal Injury Claim
While both wrongful death and personal injury lawsuits stem from negligence or misconduct, they differ in key ways.
The plaintiff: In a personal injury lawsuit, the injured person files the claim themselves. In a wrongful death lawsuit, a survivor or estate representative files on behalf of the deceased.
The damages recovered: A personal injury claim focuses on expenses like medical bills, lost wages, and pain suffered by the injured person before their death. A wrongful death claim seeks compensation for the impact on survivors.
Timing of the claim: If the injured person dies before filing, their right to file a personal injury claim may transfer to the estate under a survival action—a separate legal route that can accompany a wrongful death claim.
Working with a law firm familiar with both wrongful death and personal injury law is key to understanding which options may apply.
Time Limits For Filing A Wrongful Death Claim In Texas
Texas has a strict statute of limitations for wrongful death lawsuits. Generally, you must file within two years from the date of death. Missing this deadline can prevent your case from ever being heard in court.
There are rare exceptions to this rule:
Minors: If the surviving beneficiary is a minor, the statute of limitations may be paused until they turn 18.
Fraud or concealment: If someone intentionally hides the cause of death, the time limit may extend from when the cause was discovered.
Mental or physical incapacity: If the eligible filer was incapacitated, the court may extend the deadline.
Even when an exception applies, it’s important to act quickly. Wrongful death cases involve gathering evidence, contacting witnesses, and often working alongside personal injury investigations.
How Fault Is Determined In A Wrongful Death Case
Proving liability in a wrongful death lawsuit involves many of the same steps as a personal injury case. The person filing must prove that the death resulted from someone else’s wrongful or negligent actions.
To succeed in a wrongful death claim, your lawyer must demonstrate:
The defendant owed a duty of care – For example, a doctor owes a duty to provide safe medical treatment, and a driver must obey traffic laws.
The defendant breached that duty – This could involve reckless driving, improper medical treatment, or ignoring safety rules.
The breach caused the death – The wrongful action must be directly linked to the fatal outcome.
There are resulting damages – Financial losses, emotional pain, and other measurable impacts must be shown.
Often, wrongful death lawsuits rely on the same types of evidence used in personal injury claims, such as police reports, medical records, expert witnesses, and accident reconstruction.
Why Legal Representation Matters In Wrongful Death Cases
Wrongful death cases are emotionally and legally challenging. Working with a firm like ours at Tormey & McConnell means having lawyers who understand both the legal system and the human side of these tragedies.
Here are several reasons to seek legal representation:
Understanding Texas wrongful death law: Filing rules, deadlines, and damage categories vary from state to state.
Dealing with insurance companies: Just like in personal injury cases, insurers often try to reduce their liability. A lawyer can speak on your behalf.
Building a strong case: From gathering records to interviewing witnesses, your lawyer coordinates the steps required to present your case.
Coordinating with other claims: You may have both a wrongful death claim and a personal injury survival claim. A lawyer helps keep these efforts aligned.
Contact Us Today
If you’ve lost a loved one due to someone else’s actions, you don’t have to figure out your legal options alone. The lawyers at Tormey & McConnell are ready to help you understand your potential for filing a wrongful death or personal injury claim.
We serve families throughout Amarillo, Texas; Canyon; Dumas; Pampa; Hereford; Childress; and Borger. Call us today to discuss your case and take the first step toward holding the responsible party accountable.