Filing a Wrongful Death Claim in Texas

Filing a wrongful death claim in Texas is a complex legal process with strict requirements that must be followed precisely to protect the family’s right to compensation. The Texas Wrongful Death Act, codified in Chapter 71 of the Texas Civil Practice and Remedies Code, establishes who may file a claim, what must be proven, and how damages are calculated. Understanding this process from the outset is essential for families seeking justice after losing a loved one to someone else’s negligence. McFarlane Law guides families through every step of the wrongful death claims process, handling the legal complexities so they can focus on grieving and healing.

Who Has Standing to File a Wrongful Death Claim in Texas

Texas law strictly limits who may bring a wrongful death action. Under Section 71.004 of the Texas Civil Practice and Remedies Code, only three categories of family members have standing to file: the surviving spouse, the children (including legally adopted children) of the deceased, and the parents of the deceased. These eligible parties may file the action individually or jointly. If no eligible family member files a wrongful death action within three months of the death, the personal representative (executor or administrator) of the deceased person’s estate may file a survival action unless an eligible family member requests that no action be filed. It is important to note that siblings, grandparents, stepchildren (unless legally adopted), and other extended family members generally do not have standing to file a wrongful death claim in Texas, regardless of how close their relationship was with the deceased. When multiple eligible family members exist, coordinating the claim to avoid conflicting lawsuits and ensure all parties’ interests are represented is a critical early step that an experienced wrongful death attorney can facilitate.

Steps in the Texas Wrongful Death Claims Process

The wrongful death claims process typically begins with a thorough investigation of the circumstances surrounding the death. McFarlane Law’s attorneys and investigators gather police reports, medical records, autopsy reports, witness statements, surveillance footage, and any other evidence relevant to establishing how the death occurred and who bears responsibility. Once sufficient evidence has been collected, we prepare and file a wrongful death petition in the appropriate Texas district court, naming all responsible defendants and detailing the legal basis for the claims. After filing, the discovery phase begins, during which both sides exchange information, take depositions of witnesses and experts, and request relevant documents. Expert witnesses — including accident reconstructionists, medical professionals, economists, and vocational experts — are retained to provide testimony supporting the family’s claims regarding liability and damages. Most wrongful death cases proceed through mediation or settlement negotiations before trial, where the parties attempt to reach a fair resolution with the assistance of a neutral mediator. If a fair settlement cannot be reached, the case proceeds to trial before a judge or jury who will determine liability and award damages.

Wrongful Death vs. Survival Action in Texas

Texas law recognizes two distinct but related causes of action when a person dies due to another’s negligence: the wrongful death action and the survival action. The wrongful death action compensates the surviving family members for their own losses resulting from the death — such as lost financial support, loss of companionship, and mental anguish. The survival action, by contrast, belongs to the deceased person’s estate and compensates for the losses the deceased person suffered between the time of injury and the time of death — including the deceased’s own pain and suffering, medical expenses, and lost wages during that period. These two actions are often filed together but serve different purposes and compensate different parties. The survival action proceeds as if the deceased person had survived and is bringing their own personal injury claim, with any recovery going to the estate and distributed according to the deceased’s will or Texas intestacy laws. The wrongful death action proceeds on behalf of the eligible family members directly, with damages apportioned among them based on their individual losses. Understanding the distinction between these two causes of action and pursuing both when applicable is essential to maximizing the total recovery for the family.

Evidence Needed to Support a Wrongful Death Claim

Building a strong wrongful death claim requires comprehensive evidence establishing both that the defendant’s negligence caused the death and that the family has suffered quantifiable damages as a result. Liability evidence typically includes police or incident reports, witness testimony, expert accident reconstruction analysis, photographs and video of the scene, maintenance and inspection records, toxicology results, cell phone records, and any regulatory violations by the defendant. Medical evidence documenting the nature and extent of injuries leading to death, including emergency room records, hospital charts, surgical reports, and autopsy findings, is critical for establishing the causal connection between the defendant’s conduct and the fatal outcome. Damages evidence must demonstrate the full financial and personal impact of the loss on each surviving family member, including tax returns and employment records documenting the deceased’s earning history and projected future earnings; evidence of household services, childcare, and other contributions the deceased provided; testimony from family members regarding the quality of their relationship and the emotional impact of the loss; and expert economic testimony projecting the total lifetime financial value of the deceased’s contributions to the family. McFarlane Law works with families from the earliest stages to ensure all critical evidence is preserved and properly documented.

How Long Does a Wrongful Death Case Take in Texas?

The timeline for resolving a wrongful death case in Texas varies significantly depending on the complexity of the case, the number of defendants, the clarity of liability, and whether the case settles or goes to trial. Straightforward cases with clear liability and a single defendant may resolve through settlement negotiations within 6 to 12 months of filing. More complex cases involving multiple defendants, disputed liability, or substantial damages may take 18 months to three years or longer to reach resolution. Cases that proceed to trial require additional time for jury selection, presentation of evidence, and post-trial motions. Throughout this process, McFarlane Law keeps families informed of every development and works diligently to resolve claims as efficiently as possible without sacrificing the value of the case. We never pressure families to accept inadequate settlement offers simply to expedite resolution — our goal is always to achieve the best possible outcome, whether through negotiation or trial. If your family has lost a loved one due to someone else’s negligence, contact McFarlane Law at (512) 222-4900 for a free consultation to discuss your wrongful death claim and understand your legal options.

Related Practice Areas

Texas Wrongful Death Lawyer — Back to main wrongful death page
Wrongful Death Statute of Limitations
Wrongful Death Damages & Compensation
Wrongful Death Settlements
Texas Personal Injury Lawyer