Wrongful Death in Texas — A Family's Guide to Understanding Their Rights
Losing a family member due to another person's negligence or misconduct is devastating. The legal process that follows is complex and emotionally demanding. This post explains the framework of wrongful death law in Texas and what your family's rights are during the most difficult time of your lives.
Who Can File a Wrongful Death Claim in Texas?
Under Texas Civil Practice & Remedies Code § 71.004, a wrongful death claim may be brought by the surviving spouse, children (including adult children), and parents of the deceased. Siblings cannot bring a wrongful death claim under Texas law. If no eligible beneficiary files suit within three months of the death, the executor or administrator of the estate may file on behalf of the estate.
The Two-Year Statute of Limitations
Texas gives wrongful death claimants two years from the date of death to file suit. Missing this deadline permanently and irrevocably bars the claim. If you have lost a family member and believe negligence was involved, contact Andrew immediately — do not wait.
What Damages Can Your Family Recover?
Wrongful death damages include: pecuniary loss (the financial support the deceased would have provided), loss of companionship and society (the emotional relationship lost), mental anguish suffered by surviving family members, loss of inheritance (the estate value the deceased would have accumulated), and medical expenses incurred before death. In cases of gross negligence, punitive (exemplary) damages may also be available.
Common Wrongful Death Scenarios in Houston
Car accidents caused by drunk or reckless drivers, 18-wheeler crashes, medical malpractice (failure to diagnose, surgical errors), workplace accidents, defective products, and nursing home neglect are among the most common bases for wrongful death claims in Harris County.
If you have lost a family member due to negligence, Andrew Salinas will evaluate your claim with care and directness: tel:(832)202-8409 · salinasdefense.com.
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