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.

⚠️ Texas gives you 2 years from the date of death to file a wrongful death lawsuit. This deadline is strict. Contact Jesse Sepulveda immediately.

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

Case Results

Results We've Achieved
for Our Clients

Past results don't guarantee future outcomes — but they show what's possible when you fight the right way.

$1,200,000
Fatal Truck Crash
Family lost father and husband to 18-wheeler driver fatigue on I-35
$750,000
DUI Wrongful Death
Mother killed by drunk driver — full compensation for family of four
$540,000
Negligent Property
Guest drowned at property without proper safety equipment or signage

Client Voices

What Our Clients Say

★★★★★

"We lost my father in a truck accident. Jesse treated our family with such respect and compassion through the whole process while still fighting incredibly hard for us."

The Flores Family — Converse TX
Wrongful Death — 18-Wheeler Accident
★★★★★

"After my wife was killed by a drunk driver, I didn't know where to turn. Jesse handled everything so I could focus on my children. He never let us feel alone in this fight."

David A. — San Antonio
Wrongful Death — DUI Crash

Start Your Case — Free

Tell Jesse
What Happened

An attorney will contact you within 1 hour during business hours. After hours? Call directly: (210) 735-5000

🔒 Everything you share is protected by attorney-client privilege. We never sell your information.

Common Questions

Answers Before You Call

Yes. Claims can be filed against the driver's estate and, more importantly, their insurance policy. The driver's death does not extinguish the liability claim.
Please don't accept anything without speaking to Jesse first. Insurance companies offer fast, early settlements to families who are grieving and may not yet understand the full value of their claim. These early offers are almost always far below what the case is actually worth.
Texas's comparative fault rules still allow wrongful death claims even when the deceased shared some fault — as long as they were less than 51% responsible. Jesse evaluates the full picture.
Cases can take 1–3 years depending on complexity and whether the case goes to trial. Jesse works to resolve cases as efficiently as possible while fighting for the full recovery your family deserves.

Don't Wait — Time Is
Working Against You.

Evidence fades. Texas's statute of limitations is already running. Get your free case review today.

📞 Call Jesse: (210) 735-5000 📋 Submit Case Online