A wrongful death claim in Houston allows certain close family members to seek compensation when a loved one is killed in a car crash caused by someone else. In Texas, the surviving spouse, children, and parents may bring the claim, which can cover both financial and emotional losses.
What a Texas wrongful death claim is
A wrongful death claim arises when a person dies because of another party’s negligent or wrongful conduct, such as a driver who caused a fatal crash. It is a civil claim, separate from any criminal case, brought by surviving family members to recover for the losses they suffered because of the death. Texas also recognizes a related survival claim, which covers certain losses the deceased person experienced before passing, such as their own medical expenses and conscious pain. Together these claims address the harm to the family and to the estate.
Who can bring the claim in Texas
Texas law limits who may file a wrongful death claim. Generally, the following individuals may bring it:
- The surviving spouse of the person who died
- The children of the person who died
- The parents of the person who died
These family members may file individually or together, and if they do not file within a certain period, the estate’s representative may be able to bring the claim in some circumstances. Notably, siblings are generally not eligible to file a Texas wrongful death claim. Because eligibility rules can be nuanced, this is general information rather than legal advice.
What a wrongful death claim can cover
The purpose of a wrongful death claim is to help address the losses the family suffers. Depending on the facts, recoverable damages may include:
- Lost financial support and earning capacity the deceased would have provided
- Loss of companionship, love, and comfort
- Mental and emotional anguish of the surviving family
- Loss of inheritance the family reasonably expected
- Funeral and burial expenses
Values vary considerably based on the circumstances, the relationships involved, and the losses shown. There is no standard figure.
Deadlines in Texas
Wrongful death claims in Texas are generally subject to a two-year deadline, often measured from the date of death (Tex. Civ. Prac. & Rem. Code §16.003). Certain situations can affect the timeline, so families are encouraged to learn their rights early. This page is general information, not legal advice.
Frequently asked questions
Who is allowed to file a wrongful death claim in Texas?
Generally the surviving spouse, children, and parents of the person who died may bring the claim, individually or together. Siblings are typically not eligible. If family members do not file within a set period, an estate representative may be able to act in some cases.
What is the difference between a wrongful death and a survival claim?
A wrongful death claim compensates surviving family members for their losses, such as lost support and companionship. A survival claim belongs to the estate and covers losses the deceased personally experienced before death, like their own medical bills and conscious pain.
How long do we have to file after a fatal crash?
Texas generally applies a two-year deadline, often measured from the date of death. Because certain circumstances can change the timeline, it is wise to learn your rights as soon as possible.
Learn about the types of damages you can recover, understand how fault is determined, review the Texas statute of limitations, and see the steps for what to do after a serious crash in Houston.