Losing a loved one because of someone else’s negligence or wrongdoing is one of the most painful experiences a family can go through. In the middle of grief, families are often forced to make decisions about medical bills, funeral costs, lost income, and legal deadlines they never expected to face. Texas law provides a path for families to seek accountability and financial recovery through a wrongful death claim, but the process comes with specific rules that every family should understand.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought when a person dies because of the negligence, carelessness, or intentional misconduct of another person or company. Common causes include car and truck accidents, medical malpractice, defective products, workplace accidents, and criminal acts. Unlike a criminal case, which focuses on punishing the wrongdoer, a wrongful death claim is about securing financial compensation for the surviving family members who have lost a spouse, parent, or child.

Texas Civil Practice and Remedies Code Chapter 71 governs wrongful death claims in the state. Under this law, the death must have been caused by a “wrongful act, neglect, carelessness, unskillfulness, or default” that would have given the deceased person the right to sue had they survived.

Who Can File a Wrongful Death Claim in Texas?

Texas law limits who may bring a wrongful death claim. Only certain family members have standing to file:

• The surviving spouse
• Children of the deceased
• Parents of the deceased

These individuals can file individually or together. If none of them file suit within three months of the death, the personal representative of the deceased’s estate may file on their behalf, unless a surviving spouse, child, or parent specifically requests that the representative not do so. Siblings, grandparents, and other extended family members generally do not have the right to bring a wrongful death claim on their own, though they may have a role in a related survival action.

Wrongful Death Claims vs. Survival Actions

Families are sometimes surprised to learn that Texas recognizes two distinct types of claims following a death caused by negligence, and they are not the same thing.

A wrongful death claim compensates the surviving family members for their own losses, things like loss of companionship, loss of financial support, and loss of inheritance. A survival action, on the other hand, belongs to the deceased person’s estate and compensates for what the deceased endured before death, including medical expenses, physical pain and suffering, and mental anguish experienced between the injury and death.

Both claims can often be pursued at the same time, and doing so correctly can significantly affect the value of a case. This is one of the reasons it matters to have an attorney who understands how these two claims interact and how to present them properly to an insurance company or a jury.

What Damages Can a Family Recover?

Texas allows families to seek several categories of damages in a wrongful death case, including:

• Loss of financial support the deceased would have provided
• Loss of companionship, comfort, and society
• Mental anguish suffered by the surviving family members
• Loss of inheritance the family would reasonably have expected to receive
• Funeral and burial expenses

In cases involving particularly reckless or malicious conduct, Texas also allows for exemplary (punitive) damages, which are intended to punish the wrongdoer rather than simply compensate the family.

The Texas Statute of Limitations

One of the most critical things a family needs to know is that Texas imposes a strict time limit on wrongful death claims. Generally, a lawsuit must be filed within two years of the date of death. This deadline is known as the statute of limitations, and missing it will typically bar the family from recovering anything at all, no matter how strong the case may be.

There are limited exceptions that can extend or affect this deadline, particularly in cases involving medical malpractice, government defendants, or claims where the cause of death was not immediately known. Because these exceptions are narrow and fact-specific, families should not assume they have more time than the general rule allows. The safest course is to consult an attorney as soon as possible after a loved one’s death.

Special Considerations in Medical Malpractice Deaths

When a death results from medical negligence, Texas law adds another layer of complexity. Chapter 74 of the Texas Civil Practice and Remedies Code imposes additional procedural requirements, including expert reports that must be served within strict deadlines and, often, a period during which certain claims are stayed while those requirements are satisfied. Families pursuing a claim against a hospital, doctor, or other healthcare provider need experienced legal guidance to navigate these added rules without losing valuable time or rights.

Why Experience Matters in These Cases

Wrongful death cases are rarely simple. Insurance companies and defense attorneys often move quickly to gather records, interview witnesses, and build a defense long before a family has had time to grieve. Evidence can disappear, memories fade, and important documents such as medical records, incident reports, and surveillance footage can be lost or destroyed if they are not requested promptly.

Having an attorney who understands both sides of the courtroom can make a meaningful difference. Paul Previte brings 32 years of experience in personal injury law in Fort Worth, Texas, along with a background as a former prosecutor and judge. That combination of experience gives families a legal advocate who understands how the legal system works from every angle, including how insurance companies evaluate claims and how cases are ultimately presented in court.

Moving Forward After a Loss

No amount of compensation can replace a loved one, but a wrongful death claim can help ease the financial burden a family faces and hold the responsible party accountable. Understanding your rights, the deadlines involved, and the types of damages available is the first step toward protecting your family’s future.

If your family has lost a loved one due to someone else’s negligence, you do not have to face these decisions alone. Previte Law Firm is here to help you understand your options and pursue the justice your family deserves.

Call Previte Law Firm at 817-335-4357 for a free confidential consultation.