Your family lost someone in a crash: who can file a Texas wrongful death claim

Who may bring the claim, in plain terms

In Texas, a wrongful death claim belongs to the surviving spouse, children and parents of the person who died. Any one of them can bring the claim for the benefit of all of them. If none of them has filed within three calendar months after the death, the executor or administrator of the estate must bring it, unless all of those family members ask that it not be brought. The general deadline to file suit is two years from the date of death.

I am a founding partner at Garcia, Garcia & Mullen, and wrongful death claims are a core part of my practice. The families who call me are in the worst weeks of their lives, and the last thing they want is a legal lecture. But a few rules matter early, and knowing them lets you take your time with everything else. This guide explains them. It is general information, not legal advice; talk to a licensed Texas attorney about your family's specific situation.

Two claims, not one: wrongful death and the survival action

Texas law recognizes two related but separate claims when someone dies because of another person's wrongful act, neglect or carelessness. The first is the wrongful death claim under the Texas Civil Practice and Remedies Code. It compensates the surviving spouse, children and parents for their own losses: the support, care, guidance and companionship they would have received, and their grief.

The second is the survival action. The same code provides that a personal injury claim does not end because the injured person died; it survives to the heirs, legal representatives and estate. This claim is about what the person who died suffered and lost before death, such as medical expenses and pain and suffering between the injury and death. It belongs to the estate, not directly to individual family members.

The two claims are usually brought together, and they arise from the same facts. But they have different owners and compensate different losses, which is why it matters early on who is serving as the estate's representative and which family members are involved.

Family members the statute leaves out

This part surprises families, and it is better to hear it early. The statute says the wrongful death claim is for the exclusive benefit of the surviving spouse, children and parents. Brothers and sisters, grandparents, aunts, uncles and close friends are not on that list, no matter how close they were. Children include adopted children.

That does not mean other relatives have no connection to the case. The survival action belongs to the estate, and what the estate recovers passes according to a will or, if there is none, according to Texas inheritance law. So a sibling, for example, might share in the estate's recovery depending on how the estate passes, even though a sibling cannot bring a wrongful death claim. These questions depend on the family's particular situation, and a lawyer should sort them out before anyone makes assumptions.

When family members disagree about whether to bring a claim or who should lead it, the law still allows one or more of the spouse, children and parents to act for all of them. In my experience, the cases that go most smoothly are the ones where the family talks early, agrees on who will be the main point of contact, and keeps everyone informed as the case moves forward.

The two-year deadline and the rules that can shorten it

Under the Civil Practice and Remedies Code, a suit for an injury resulting in death must be brought within two years, and the claim accrues on the death of the injured person. So the clock usually runs from the date of death, not the date of the accident, if those are different.

Some situations move faster. When the death involves a government vehicle or government property, written notice of the claim may be required within months, not years. And evidence does not wait for anyone: crash scenes are repaired, vehicles are salvaged, video is recorded over, and witnesses become hard to find. In a death involving a commercial truck, the carrier's driver logs may only have to be kept for a limited time, which I explain in my guide on what to do after an 18-wheeler accident in Dallas–Fort Worth. None of this means a family has to make decisions in the first days. It means that someone should start protecting the evidence while the family grieves.

What a family may be able to recover

Every case is different, and no one can promise a result. In general, the losses that a Texas wrongful death and survival claim can address include the following. Which ones apply, and how they are valued, depends on the person who died, the family, and the facts of the case.

Financial losses are documented with pay records, tax returns and, when needed, expert analysis of future earnings. The losses that matter most to families, the companionship and guidance of someone they loved, are harder to put into numbers, and part of our work is helping a jury or an insurer understand who this person was.

• Funeral and burial expenses.
• Medical expenses from the injury until death.
• The income and support the person would have provided, including future earnings.
• The loss of care, guidance, advice and companionship.
• The family's mental anguish and emotional harm.
• The pain and suffering the person experienced before death, through the survival action.

The first weeks: what can wait and what cannot

Most things can wait. You do not need to decide on a lawsuit, meet with an insurer or sign anything during the first weeks. A few steps, though, are worth taking early, or asking someone you trust to take for you.

Families are sometimes contacted by an insurance adjuster within days, occasionally with an offer to cover the funeral in exchange for a signature. Be careful with anything that asks you to sign. A payment that comes with a release can end claims the family did not know it had. It is reasonable to tell any caller that the family is not ready to talk and will be in touch, and to let a lawyer handle the conversation when you are ready.

• Keep the police report number, the medical examiner or hospital information, and any paperwork from the scene.
• Save photos, texts, messages and anything else that shows what happened or the person's last days.
• Write down names of witnesses and anyone who contacted the family about the crash.
• Do not give a recorded statement to the at-fault party's insurer, and do not sign releases or accept checks.
• Avoid discussing fault publicly or on social media.
• Gather basic documents: the death certificate, any will, recent pay records and insurance policies.

How fault and insurance shape the claim

Texas proportionate responsibility rules apply in wrongful death cases too. As our firm's wrongful death page explains, recovery is allowed if the person who died was 50 percent or less at fault, reduced by the share of fault assigned. Insurers sometimes try to shift blame onto the person who can no longer tell their side, which is one more reason evidence should be gathered quickly and carefully.

Insurance often determines what is realistically recoverable. The at-fault driver's liability coverage may be limited. Other policies may apply: a commercial policy if the at-fault vehicle was a truck or company vehicle, a rideshare company's policy, or the uninsured or underinsured motorist coverage on the policy of the person who died or the family. Identifying every source of coverage is part of the early work. A wrongful death claim is also separate from any criminal case against the driver; the civil claim can proceed whether or not charges are filed.

Where the estate and probate come in

Because the survival action belongs to the estate, someone usually needs legal authority to act for the estate, such as an executor named in a will or an administrator appointed by a court. That is also the person the wrongful death statute calls on to bring the claim if no family member has filed within three months. Coordinating the injury case with the estate early avoids delays later, especially when the settlement or recovery needs to be divided.

If the person who died did not leave a will, the estate questions can feel overwhelming on top of everything else. An estate planning attorney wrote a clear explanation of what happens to a Texas family's house, accounts and children if there is no will. We work alongside the estate's lawyer so that the family is not caught between two processes.

How we help families through a wrongful death claim

We begin with a free, confidential consultation, at whatever pace the family needs. We explain who may bring the claim, which deadlines apply, and what the case would involve, and we answer questions honestly, including whether we think there is a claim at all. Our phone line is answered around the clock.

If the family retains us, we take over communication with the insurers, investigate how the death happened, preserve evidence, document the family's losses, and coordinate with the estate. We negotiate and, if a fair resolution is not offered, file suit and litigate. For these claims, there is no attorney fee unless we recover compensation, which I explain in detail in what an injury lawyer costs in Texas. We represent families throughout the Dallas–Fort Worth area and Kaufman County.

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