Who Can File a Wrongful Death Case in Texas?

The loss of a loved one in an unexpected accident will turn your life upside-down. In addition to immense grief and pain, your family may also be dealing with financial struggles from the loss of the deceased person’s monetary support.

Filing a wrongful death case in Texas can provide justice and financial compensation to help your family recover. The people who can receive compensation in a wrongful death claim vary depending on the circumstances. For guidance and support, reach out to an Austin personal injury lawyer who can help navigate this difficult process.

Grounds for Filing a Wrongful Death Claim in Texas

Every state has its own definition of wrongful death, as well as rules for when this type of civil lawsuit can be filed. Texas’s wrongful death law, found in Texas Civil Practice and Remedies Code § 71.002, states the following:

• An action for actual damages arising from an injury that causes an individual’s death may be brought if liability exists under this section.
• A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.

Under this law, a wrongful death lawsuit can be filed after the death of a person if there is evidence that it was caused by someone else’s negligence – meaning the failure to use ordinary care – or wrongdoing.

Limitations on Who Can File

Texas’s wrongful death law limits who has the right to file this type of claim. As is the case in many states, Texas permits surviving family members of the deceased person (known as the decedent) to submit a claim for financial compensation or damages first before this right is given to the representative of the estate.

Section 71.004 of the law exclusively gives the right to recover damages to the “surviving spouse, children, and parents of the deceased.” If the decedent does not have a surviving spouse, child or parent – or if none of these parties bring a wrongful death action within three calendar months of the date of death – the executor or administrator of the decedent’s estate can file.

How Is Compensation Distributed in a Wrongful Death Case?

The rules for who can receive financial compensation from a wrongful death claim are called the “laws of intestate succession.” They are detailed in Texas Estates Code Title 2, Subtitle E, Chapter 201, Subchapter A. First, a settlement or judgment award is given to the deceased person’s estate. From there, the executor of the estate will divide the money among eligible beneficiaries according to the laws of intestate succession.

Certain parties can receive financial compensation in a specific order based on the circumstances:

• Surviving spouse and children from that spouse: spouse retains one-half interest in community property plus the decedent’s one-half interest. One-third of separate property goes to the spouse and the remaining two-thirds is divided among children.
• Surviving spouse and children not from that spouse: spouse retains one-half interest in community property, while the decedent’s one-half interest is divided equally among children. One-third of separate property goes to the spouse and the remaining two-thirds is divided among children.
• Surviving spouse and no children: the spouse will inherit 100 percent of the community property and the decedent’s separate property. If the estate involves any real property, the spouse receives one-half of this property and the other half goes to the decedent’s parents or siblings.
• No surviving spouse: if there are children, they will inherit 100 percent of the decedent’s estate. With no children, both parents of the decedent will inherit the estate equally. If only one parent survives, he or she will receive one-half of the estate, while the other half will be divided among the decedent’s siblings.
• No surviving spouse, children or parents: the decedent’s entire estate will be divided equally among his or her siblings (or their descendants).
• No immediate family: the decedent’s estate is divided equally between his or her maternal and paternal grandparents (or their descendants).
• No relatives: the decedent’s estate will revert to the State of Texas in a process known as estate escheats.

If a wrongful death claim in Texas results in a successful settlement or judgment award, the amount recovered will be distributed to heirs according to these rules. Note that Texas law (Section 71.011) specifically states that any damages recovered in a wrongful death action are not subject to the debts of the deceased person.

Types of Financial Compensation Available

A wrongful death claim can result in different types of financial compensation than a personal injury claim in Texas. Eligible beneficiaries may receive compensation for their own losses as well as losses suffered by the deceased person prior to death. Several kinds of economic and noneconomic damages may be available through a successful wrongful death claim.

Examples include:

• Medical costs associated with the deceased person’s fatal injury or illness
• Reasonable funeral and burial expenses
• Wages the decedent likely would have earned had he or she survived
• Loss of inheritance that would have been provided
• Loss of the decedent’s services, support, love, care and companionship
• Surviving family members’ grief, anguish and mental distress
• Exemplary (punitive) damages if the defendant is guilty of gross negligence or a willful act or omission

An insurance company will have its own methods and equations for calculating the value of a wrongful death claim in Texas. If the legal matter proceeds to court, a jury may award damages in an amount jurors deem appropriate for the level of injury resulting from the death.

Statute of Limitations on Wrongful Death Cases in Texas

Texas has a strict deadline for filing a wrongful death claim that must be obeyed to have a valid case. Section 16.003 of the Civil Practice and Remedies Code gives a two-year time window from the date of death to file a claim. While there are some exceptions to this rule, an eligible person generally must bring a wrongful death lawsuit no later than two years to recover compensation.

How a Wrongful Death Lawyer Can Help

If you recently lost someone you love and believe another person or party can be held accountable, contact an attorney at FVF Law Firm – Injury & Wrongful Death Lawyers for a free initial consultation. Our Austin wrongful death lawyers have more than 100 years of combined legal experience. Call (512) 640-2146 today to find out if you have a claim.