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Who can bring a claim in Texas
Texas law allows the following people to file a wrongful death claim: the surviving spouse, the children (including adult children), and the parents of the deceased. Any of them can file individually, or they can join together to file as one.
If none of the immediate family files within three months of the death, the executor or personal representative of the deceased's estate may file on their behalf. The deadlines are strict — get this exactly right, because it is the thing the family actually needs.
Wrongful death vs. survival claims — the difference
Wrongful death
Filed by surviving family members. Seeks to compensate the family for what they lost: companionship, financial support, comfort.
Survival
Filed by the deceased's estate. Seeks to compensate what the person could have claimed had they survived: pain and suffering before death, medical expenses.
What a family may recover
- Funeral and burial expenses
- Loss of financial support the deceased provided
- Loss of companionship, love, and consortium
- Mental anguish and emotional suffering of family members
- Medical expenses incurred before death (survival claim)
Categories only, never amounts.
Deadlines
The general deadline in Texas is two years from the date of death. There are exceptions for minors and claims against government entities. Deadlines are strict — missing one closes the case. We help you understand which deadline applies to your situation.
What to do now
- Keep documents: death certificate, medical records, police reports, insurance policies.
- Don't sign anything from the insurance company without speaking to an attorney first.
- Don't give recorded statements to the insurance company.
- Call us when you're ready. There's no pressure and no cost for the call.
How we charge
We work on contingency. There's no cost to the family upfront. We earn a percentage only if we recover money for you. If we don't win, you owe no attorney fees. Case costs are explained before you sign anything.
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