Who Can File a Wrongful Death Claim in Texas?
Texas's Wrongful Death Act (Chapter 71 of the Civil Practice and Remedies Code) allows certain family members to file a wrongful death lawsuit when a person dies due to another's negligence, default, or wrongful act.
Eligible claimants include:
- Surviving spouses
- Children (biological and legally adopted)
- Parents of the deceased
If none of these family members file within 3 months of death, the deceased's estate executor may file on behalf of the estate.
What Damages Can Your Family Recover?
Texas wrongful death law allows the family to recover for both economic and non-economic losses:
- Loss of financial support your loved one provided or would have provided
- Loss of inheritance — what they would have accumulated over their lifetime
- Loss of companionship, care, and consortium
- Mental anguish suffered by surviving family members
- Medical bills incurred between the accident and death
- Funeral and burial expenses
- Punitive damages when the defendant's conduct was especially reckless (drunk driving, for example)
Common Causes of Wrongful Death Cases We Handle
Jesse Sepulveda represents families in wrongful death cases arising from:
- Fatal car, truck, and motorcycle accidents
- 18-wheeler and commercial vehicle crashes
- DUI and drunk driving deaths
- Premises liability deaths (drownings, falls, unsafe conditions)
- Workplace accidents and construction site deaths
- Defective products and vehicle defects
- Medical malpractice resulting in death