A wrongful death turns life inside out. In Texas, the law gives families a path to pursue accountability and compensation, medical costs, lost income, and the very real pain of losing a loved one. This Article 5 overview explains who can bring a claim, what damages courts recognize, how the process typically unfolds, and how recent precedents and 2025 reform efforts could shape outcomes. Looking for specifics fast? Find out more below about eligibility, damages, and timelines so families can move from uncertainty to a plan.
Who is eligible to file wrongful death claims in Texas
Texas law limits who may file a wrongful death claim. Getting this right at the outset prevents delays and disputes.
Primary eligible family members
Under Texas Civil Practice & Remedies Code § 71.004, the following surviving relatives may file:
- The decedent’s spouse (including a common-law “informal” spouse, if the marriage can be proven)
- Children (biological and legally adopted)
- Parents (biological and adoptive)
These beneficiaries may file individually or together. Siblings, grandparents, and more distant relatives are not eligible claimants under the wrongful death statute in Texas, even if they were very close to the decedent.
If the family doesn’t file within three months
If none of the eligible family members files suit within three months of the death, the personal representative (executor or administrator) of the estate may file the wrongful death action for the benefit of the eligible family, unless all eligible beneficiaries request that no suit be filed.
Survival actions are separate
A “survival” claim (Texas CPRC § 71.021) belongs to the decedent’s estate, not the beneficiaries. It seeks compensation for what the decedent could have recovered if they had lived, like medical bills, lost wages before death, and pain and suffering between injury and death. In many cases, families pursue both wrongful death (for beneficiaries) and survival (for the estate) in the same lawsuit.
Adoption, step-relations, and unique family structures
- Adopted children and adoptive parents have the same rights as biological relatives once the adoption is final.
- Stepchildren generally cannot file unless they were legally adopted.
- Putative spouses in an informal marriage must prove the elements of a common-law marriage (agreement to be married, cohabitation in Texas, and holding out as married). Documentation and witness testimony matter here.
Bottom line: In a typical Wrongful Death Texas case, the spouse, children, and parents stand in the front of the line, with the estate stepping in only if they do not act within the initial three months.
Financial and emotional damages recognized by courts
Texas courts recognize the financial ripple effects of a wrongful death, and the human loss that can’t be totaled on a spreadsheet. Damages may include both economic and noneconomic categories, plus exemplary (punitive) damages in limited circumstances.
Economic (financial) losses
- Lost earning capacity and benefits: Wages and benefits the decedent likely would have provided to beneficiaries over a normal working life. Economists often model these projections.
- Loss of services: Household and caregiving contributions, childcare, home maintenance, financial guidance, that families now must replace.
- Loss of inheritance: The amount beneficiaries probably would have received from the decedent’s estate if the death had not occurred.
- Funeral and burial: Recoverable by the estate in a survival claim, or by a beneficiary who actually paid those expenses.
- Medical costs tied to the fatal injury: Typically pursued through the survival action.
Noneconomic (human) losses
- Mental anguish: The emotional pain and suffering family members endure due to the death.
- Loss of companionship and society: The loss of love, comfort, advice, and presence.
- Spousal and parental/filial consortium: The unique loss to a spouse or the parent–child relationship.
Texas juries must anchor noneconomic awards to the evidence. In Gregory v. Chohan (Tex. 2023), the Supreme Court of Texas cautioned against speculative numbers and improper jury arguments, nudging practitioners to present fact-based, reasoned support for mental anguish and companionship awards.
Exemplary (punitive) damages and caps
If a death results from a willful act or gross negligence, exemplary damages may be available to punish and deter. Texas generally caps exemplary damages (Texas CPRC § 41.008) at the greater of:
- $200,000, or
- Two times the amount of economic damages plus up to $750,000 of noneconomic damages.
For medical malpractice wrongful death claims, separate statutory caps apply to noneconomic damages (§ 74.303). The original $500,000 cap (set in 1977 dollars) is indexed to inflation: as of the mid‑2020s, it hovers around the low‑$2 million range in total for all beneficiaries, but families should confirm the current indexed figure when filing.
Comparative responsibility and offsets
Texas follows proportionate responsibility (Chapter 33). If the decedent was more than 50% at fault, beneficiaries recover nothing: otherwise, awards are reduced by the decedent’s percentage of fault. Seat belt evidence is admissible (Nabors Well Servs., Ltd. v. Romero, 2015), which can affect fault apportionment in motor vehicle cases.
Prejudgment interest typically accrues on past damages (not future or exemplary damages), using rates published by the Texas Office of Consumer Credit Commissioner.
Legal process families must follow in filing claims
Wrongful death cases move on two tracks, legal and practical. The best outcomes usually come from early action.
1) Deadlines and notices
- Limitations period: Generally two years from the date of death for both wrongful death and survival claims. Exceptions exist (e.g., fraudulent concealment, certain claims involving minors), but families shouldn’t rely on them without legal advice.
- Government defendants: The Texas Tort Claims Act requires prompt notice, often within six months, and some local charters shorten that window further.
- Medical malpractice: Before suing a healthcare provider, Texas law requires a 60‑day pre‑suit notice letter with a HIPAA-compliant authorization (§ 74.051). After suit is filed, an expert report for each defendant must be served within 120 days of that defendant’s answer (§ 74.351), or the claim risks dismissal and fee shifting.
2) Preserve evidence early
- Send spoliation/ preservation letters to at‑fault parties and insurers.
- Gather medical records, autopsy findings, crash reports, product manuals, employment files, and phone/vehicle data.
- Secure probate documents if a survival claim is anticipated (letters testamentary or administration).
3) Investigate liability and damages
Lawyers often retain experts early: accident reconstructionists in trucking cases, human factors experts for product warnings, life‑care planners and economists for future losses. For a typical Wrongful Death Texas case, this front‑loaded work often drives settlement value.
4) File suit and litigate
A petition in the proper Texas court names the eligible beneficiaries and, where applicable, the estate. Defendants answer, written discovery begins, depositions follow, and the court sets deadlines. Mediation is common. Many cases resolve within 9–18 months: complex cases (multi‑vehicle pileups, product defects, medical malpractice with multiple providers) can run longer.
5) Settlement approval and distribution
- Allocation among beneficiaries: In Texas, a jury or a settlement agreement allocates amounts among the spouse, children, and parents based on their relationship and losses, not necessarily equally.
- Minors: Court approval and a guardian ad litem are typically required: funds often go into a trust or registry until adulthood.
- Liens and subrogation: Medicare, Medicaid, ERISA plans, and hospital liens may assert reimbursement rights. Addressing these early helps avoid closing‑table surprises.
Practical tip: Families can and should parallel-track grief support and legal steps. The legal process is a marathon: support systems keep people grounded.
Recent precedents and legislative reforms in 2025
Two recent Texas Supreme Court decisions continue to shape wrongful death litigation:
- Gregory v. Chohan (Tex. 2023): Reinforces that noneconomic damages must be supported by evidence and reasoned analysis, discouraging “anchor” numbers untethered to proof. Expect more rigorous testimony on mental anguish and companionship going forward.
- Nabors Well Servs., Ltd. v. Romero (Tex. 2015): Confirmed seat‑belt evidence is admissible, increasing the focus on occupant behavior and comparative responsibility in auto and trucking cases.
- Mo‑Vac Serv. Co. v. Escobedo (Tex. 2020): Clarified standards for corporate gross negligence and the availability of exemplary damages in workplace death cases, especially where workers’ compensation exclusivity applies.
As for 2025, policymakers in Austin have discussed several reform ideas. As of early 2025, observers have watched proposals that would:
- Update or re‑index the healthcare liability wrongful death noneconomic cap to current inflation figures and clarify how the cap applies across multiple defendants and beneficiaries.
- Tighten or modernize pre‑suit requirements in medical cases (e‑service of notices, standardized HIPAA forms) to reduce procedural fights.
- Clarify loss‑of‑inheritance proof standards and jury instructions considering recent damages jurisprudence.
- Increase transparency around litigation funding and medical billing affidavits.
Because legislative sessions evolve quickly, families and counsel should verify whether any bill has actually been enacted before relying on it. When in doubt, check the current Texas Civil Practice & Remedies Code and recent appellate decisions, or find out more by consulting a Texas wrongful death attorney for the latest updates.