Texas Wrongful Death Lawsuits: Who Can File and What’s the Deadline?

Losing a family member due to someone else’s negligence is devastating. Texas law gives surviving family members the right to hold responsible parties accountable — but strict rules govern who can file and when. Understanding these rules is the first step toward justice.

Who Has the Right to File a Texas Wrongful Death Lawsuit?

Under Tex. Civ. Prac. & Rem. Code § 71.004, only these family members may bring a wrongful death claim:

• Surviving spouse
• Children (biological and legally adopted)
• Parents

Siblings, grandchildren, aunts, uncles, and other relatives do not have standing to file under Texas wrongful death law, regardless of how close their relationship was with the deceased.

If none of the eligible family members file within three months of the death, the personal representative (executor) of the estate may file on their behalf — unless all eligible family members actively object.

What Is the Deadline to File?

Texas imposes a strict two-year statute of limitations on wrongful death claims under Tex. Civ. Prac. & Rem. Code § 16.003. The clock generally starts on the date of death. Missing this deadline permanently bars your claim in almost all circumstances. A few narrow exceptions exist — for example, when the responsible party fraudulently concealed their negligence — but these are rare and difficult to establish.

Important exception: If a government entity (city, county, state agency) is responsible, you must file a formal notice of claim within six months of the death under the Texas Tort Claims Act.

What Damages Can Surviving Family Members Recover?

Texas wrongful death damages are divided into two types:

Economic Damages

• Loss of financial support and contributions the deceased would have provided
• Loss of household services (childcare, home maintenance, etc.)
• Medical expenses incurred before death
• Funeral and burial costs

Non-Economic Damages

• Loss of companionship and society
• Mental anguish and grief
• Loss of parental guidance (for children who lost a parent)

Wrongful Death vs. Survival Action — What’s the Difference?

Texas allows two separate but related claims to be filed simultaneously:

• Wrongful death claim: Compensates the surviving family members for their losses (grief, lost support, lost companionship).
• Survival action (Tex. Civ. Prac. & Rem. Code § 71.021): Continues the deceased’s own personal injury claim on behalf of the estate — covering their pain and suffering before death, their lost earnings before death, and their medical bills.

In most serious wrongful death cases, both claims are filed together to maximize recovery for both the family and the estate.