The Texas Wrongful Death Act (CPRC Chapter 71) allows only certain family members to bring a claim: the surviving spouse, the children, and the parents of the person who died. Siblings cannot file, and adopted children and adoptive parents are included.
Statutory Beneficiaries Under the Act
If none of those family members files within three months of the death, the personal representative of the estate may bring the claim unless the family asks them not to.
Wrongful Death vs. Survival Claims
Texas law actually provides two related claims. The wrongful death claim compensates the family for their losses — lost financial support, lost companionship, mental anguish, and lost inheritance. A separate survival claim, brought on behalf of the estate, recovers what the deceased could have recovered, including pre-death pain and medical and funeral expenses.
These claims are often pursued together, and dividing the recovery among beneficiaries can be complex.
Deadlines and Next Steps
Wrongful death claims are generally subject to the same two-year limitations period. Losing a loved one to someone else's negligence is devastating, and no family should navigate the legal process alone. A free, confidential review can explain your rights without any obligation.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Texas attorney.