A wrongful death claim in Houston lets certain close family members seek compensation when someone they love is killed in a car crash caused by another driver. In Texas, a surviving spouse, children, and parents can bring the claim, and it can cover both the financial and the emotional losses you’re left with.
What a Texas wrongful death claim is
A wrongful death claim comes up when a person dies because of someone else’s negligent or wrongful conduct, like a driver who caused a fatal crash. It’s a civil claim, separate from any criminal case, brought by surviving family to recover for the losses they suffered because of the death. Texas also recognizes a related survival claim, which covers certain losses the person who died experienced before passing, such as their own medical bills and conscious pain. Together, these claims address the harm to your family and to the estate.
Who can bring the claim in Texas
Texas law is strict about who can file a wrongful death claim. Generally, these people can 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 can file on their own or together. If they don’t file within a certain period, the estate’s representative may be able to bring the claim in some situations. One thing to know: siblings generally can’t file a Texas wrongful death claim. The eligibility rules get nuanced, so treat this as general information, not legal advice.
What a wrongful death claim can cover
A wrongful death claim exists to help address what your family lost. Depending on the facts, the damages you may recover can include:
- Lost financial support and earning capacity your loved one would have provided
- Loss of companionship, love, and comfort
- The mental and emotional anguish carried by the surviving family
- Loss of inheritance your family reasonably expected
- Funeral and burial expenses
What a claim is worth varies a lot based on the circumstances, the relationships involved, and the losses you can show. There’s no standard figure.
Deadlines in Texas
Wrongful death claims in Texas generally run under a two-year deadline, usually measured from the date of death (Tex. Civ. Prac. & Rem. Code §16.003). Certain situations can shift that timeline, so learn your rights early rather than late. 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 can bring the claim, on their own or together. Siblings usually can’t. If family members don’t 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 for their losses, like lost support and companionship. A survival claim belongs to the estate and covers the losses the person who died 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, usually measured from the date of death. Because certain circumstances can change that timeline, learn your rights as soon as you can.
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.