Wrongful Death Lawyer in Texas

Texas allows mental anguish, loss of companionship, AND punitive damages directly in the wrongful death action under Tex. Civ. Prac. & Rem. Code § 71.002 — one of the more generous wrongful death frameworks in the country.

Texas is among the most plaintiff-friendly states for wrongful death damages. The Texas Wrongful Death Act allows broad non-economic damages — mental anguish, loss of companionship, loss of society — in the wrongful death action itself, and (uniquely) permits punitive damages where the defendant's conduct was grossly negligent or intentional. Combined with the parallel survival action under § 71.021, Texas families have access to a fuller range of damages than in many other states.

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Why You Need a Wrongful Death Lawyer in Texas

Texas's wrongful death statute is the Texas Wrongful Death Act, codified at et seq. The action must be filed within two years of the date of death under § 16.003(b). The survival action — the decedent's own claims that survive to the estate — is governed by § 71.021 and runs on the same two-year deadline. Both actions are typically filed together as a single complaint.

sets out who has standing: the surviving spouse, children, and parents of the deceased. They may file individually or collectively, for the benefit of all statutory beneficiaries. If none of those beneficiaries files within three months of the death, the executor or administrator of the estate may file under § 71.004(c) — unless requested not to by all entitled beneficiaries. Texas standing is broader than New York's personal-representative-only rule and more flexible than Pennsylvania's six-month exclusivity window.

Texas allows broad damages in the wrongful death action itself. Recoverable categories include pecuniary loss (loss of financial support), mental anguish, loss of companionship and society, loss of inheritance, loss of household services, and pre-death funeral expenses. Texas is also one of the few states where punitive damages are available in the wrongful death action itself, not just in a separate survival action — but only when the defendant's conduct was grossly negligent or intentional. Punitive damages are capped under at the greater of $200,000 or two times economic damages plus an equal amount of non-economic damages, with a hard ceiling of $750,000.

Texas's 51% modified comparative fault rule under applies to wrongful death cases. If the decedent is found more than 50% at fault for the underlying event, recovery is barred entirely. Government defendants are subject to the Texas Tort Claims Act caps under § 101.023 — $250,000 per person and $500,000 per occurrence for state claims, $100,000 per person and $300,000 per occurrence for municipal claims — and tight notice deadlines that can be as short as 30 days under some city charters. Early evaluation and rapid notice filings are critical when government defendants are involved.

Legal Information Notice

The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.

Frequently Asked Questions — Texas

Who can file a wrongful death lawsuit in Texas?

Under , the surviving spouse, children, and parents of the deceased may bring the action. They may file individually or collectively, for the benefit of all statutory beneficiaries. If none of those family members files within three months of death, the executor or administrator of the estate may file under § 71.004(c) — unless all entitled beneficiaries object. Texas standing is more flexible than New York's personal-representative-only rule.

What damages can my family recover in a Texas wrongful death case?

Texas allows a broad range of damages in the wrongful death action itself: pecuniary loss (loss of financial support), mental anguish, loss of companionship and society, loss of inheritance, loss of household services, and pre-death funeral expenses. Texas is one of the few states where punitive damages are also available in the wrongful death action itself when the defendant's conduct was grossly negligent or intentional, capped under . The decedent's pre-death pain and suffering and medical expenses are recovered separately through the survival action under § 71.021.

Are punitive damages available in a Texas wrongful death case?

Yes — and that is unusual. Texas is one of the few states where punitive damages are available directly in the wrongful death action itself, not just in a separate survival action. Under Tex. Civ. Prac. & Rem. Code § 71.009 read with Chapter 41, punitive damages may be awarded when the defendant's conduct was grossly negligent or intentional. Punitive damages are capped under § 41.008 at the greater of $200,000 or two times the economic damages plus an equal amount of non-economic damages, with a hard ceiling of $750,000.

What is the deadline to file a wrongful death case in Texas?

Two years from the date of death under . The clock runs from death, not from the underlying injury. If the death involved a government defendant — a city employee, a public hospital, a state agency — the Texas Tort Claims Act under § 101.101 imposes notice deadlines as short as six months for state claims, and Texas cities can set even shorter deadlines (often 30 to 90 days) by municipal charter or ordinance. The City of Houston, for example, requires 90-day notice. Missing the applicable government notice deadline bars the case entirely.

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