Wrongful Death Claims in Texas: Who Can File and What Damages Are Available
Your Injury Claim · Liz Valdez Garza · 2026-10-26
Nothing can replace a person you love. But when a death is caused by someone else's negligence — a drunk driver, a careless trucking company, an unsafe worksite — Texas law allows the family to hold the responsible parties accountable.
Who can file a wrongful death claim?
Under the Texas Wrongful Death Act, a claim can be brought by the deceased person's:
- Surviving spouse
- Children — including adult children
- Parents
They can file individually or together. If none of them file within three months of the death, the executor or administrator of the estate may generally bring the claim, unless the family asks them not to. Siblings generally cannot bring a wrongful death claim in Texas.
What damages may be available?
Wrongful death damages are meant to compensate the family for their losses, which can include:
- Lost earnings and financial support the person would have provided
- Loss of household services, care and guidance
- Loss of companionship and society
- Mental anguish and grief
- Lost inheritance
When a death was caused by gross negligence, additional exemplary (punitive) damages may be available in some cases.
The survival claim
Separate from the family's wrongful death claim, the estate may bring a survival action for losses the person suffered before death — such as medical bills, pain and suffering, and funeral and burial expenses.
The deadline
A wrongful death lawsuit in Texas generally must be filed within two years from the date of death. Claims involving government entities may require formal notice much sooner.
Why families should act early
Grieving families need time — and they shouldn't have to deal with insurance companies while they're mourning. An attorney can preserve evidence, handle communications and investigate what happened, while the family focuses on each other.
If your family has lost someone because of another's negligence, we are deeply sorry. Attorney Liz Valdez Garza is here to listen. Call 866-LA-LEONA for a free, confidential consultation. Hablamos español.
Frequently Asked Questions
Can a brother or sister file a wrongful death claim in Texas?
Generally no. The Texas Wrongful Death Act limits claims to the surviving spouse, children and parents.
Do all family members have to file together?
No. Eligible family members can file individually or together, though claims are often brought together.
Valdez Garza Law Firm, P.C. · 1105 East 6th Street, Brownsville, TX 78520 · 866-LA-LEONA (866) 525-3662