By the Beverly Law legal team. Updated November 2026.
Lost a family member in Texas?
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The first weeks: what families can do
- Get certified copies of the death certificate and write down the crash or incident report number and the agency.
- Keep the evidence. Hold on to the vehicle, phone, clothing and photos. Ask any store, employer or property owner in writing to save its video.
- Talk as a family about who will file. Any one of the spouse, children or parents can bring the case for all of them. If none of them files within three calendar months of the death, the executor or administrator must bring it unless all of them ask that it not be brought (CPRC § 71.004(c)).
- Do not sign a release or give a recorded statement to an insurer before you know who holds the claims.
- Mark the six-month date if a city, county, school district or state agency may be involved.
Who can bring a wrongful death claim in Texas
A person is liable when his or her own wrongful act, neglect, carelessness, unskillfulness or default, or that of an agent or servant, causes a death (CPRC § 71.002). The claim is for the exclusive benefit of the surviving spouse, children and parents, and any of them may sue for the benefit of all (CPRC § 71.004). Brothers, sisters and grandparents are not on that list.
The jury divides the damages among the family members entitled to recover, in shares it decides (CPRC § 71.010).
Texas law defines “individual” in the wrongful death chapter to include an unborn child at every stage of gestation from fertilization until birth (CPRC § 71.001), so parents can bring a claim for the loss of a pregnancy caused by someone else’s negligence. The law excludes claims against the mother, and claims against a licensed doctor or health care provider when the death relates to lawful medical care (CPRC § 71.003(c)). See who can file a wrongful death lawsuit and our guide to Texas wrongful death and survival claims.
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The survival claim
A personal injury claim does not end when the injured person dies. It passes to the heirs, legal representatives and estate (CPRC § 71.021). The Texas Supreme Court has explained that the survival action is wholly derivative of the person’s own rights: it recovers the damages the person sustained while alive, and the money goes to those who would have received it had he or she obtained it (Russell v. Ingersoll-Rand Co., 841 S.W.2d 343 (Tex. 1992)).
The same case holds that if the person’s own injury claim was already barred by limitations at death, the wrongful death and survival claims are barred too. That matters most in illness cases where years pass between the harm and the death. See survival actions and wrongful death.
What a Texas family can recover
The jury may award damages proportionate to the injury resulting from the death (CPRC § 71.010). The Texas Supreme Court case most often cited on these damages is Moore v. Lillebo, 722 S.W.2d 683 (Tex. 1986). It recognizes:
- Pecuniary loss: for a parent of an adult child, the care, maintenance, support, services, advice, counsel and reasonable contributions the parents would in reasonable probability have received.
- Loss of companionship and society: the positive benefits of the love, comfort and companionship the family would have had.
- Mental anguish: the court held it is no longer necessary to prove the anguish was physically manifested. Moore relied on Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983), which rejected the old rule that limited recovery for a child’s death to pecuniary loss.
Exemplary damages. When the death is caused by a willful act or omission or gross negligence, exemplary damages may be recovered along with actual damages (CPRC § 71.009). They require clear and convincing evidence and a unanimous jury (CPRC § 41.003). They are capped at the greater of $200,000 or twice the economic damages plus noneconomic damages up to $750,000. The cap does not apply to conduct described as certain felonies, including murder and intoxication manslaughter (CPRC § 41.008).
Work deaths. Workers’ compensation is generally the exclusive remedy against a covered employer, but the surviving spouse or heirs of the body can still recover exemplary damages when the death was caused by the employer’s intentional act or omission or gross negligence (Labor Code § 408.001). Different rules apply when the employer does not carry workers’ comp; see work injuries with a non-subscriber employer.
Fault. In Texas a claimant recovers nothing if his or her percentage of responsibility is greater than 50% (CPRC § 33.001), and “claimant” includes the person who died and anyone seeking damages for that death (CPRC § 33.011(1)). See comparative fault in California, Texas and Washington.
Deadlines and claims against the government
Two years from the death. Suit for an injury resulting in death must be brought within two years, and the claim accrues on the death of the injured person (CPRC § 16.003(b)). See the Texas wrongful death deadline.
Government units. The Texas Tort Claims Act allows claims for a death caused by an employee’s negligent use of a motor vehicle, or by a condition or use of tangible personal or real property (CPRC § 101.021). Notice is due within six months, and shorter city charter periods are ratified (CPRC § 101.101). Liability is capped at $250,000 per person for the state and cities and $100,000 per person for other local units (CPRC § 101.023). For a premises defect, the government generally owes only the duty owed to a licensee, though not for special defects such as excavations or obstructions on roads (CPRC § 101.022). The Act applies to school districts only as to motor vehicles (CPRC § 101.051).
That last rule came up in October 2026, when a pedestrian died on Interstate 20 near Abilene after, investigators allege, a truck struck him and a Wylie ISD school bus struck him about three seconds later. The bus driver was arrested; those are allegations, and the case is ongoing.
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
How deaths happen and Texas’s numbers
TxDOT’s crash facts for 2025 count 3,769 people killed on Texas roads, down 9.38% from 4,159 in 2024. One person was killed every 2 hours 19 minutes, and there were no deathless days. Crashes involving a driver under the influence of alcohol killed 906 people, 24.04% of the total. 695 pedestrians and 559 motorcyclists died, and rural crashes accounted for 1,889 deaths (TxDOT 2025 Crash Facts).
On September 9, 2026, a 9-year-old girl died after a crash on the I-35 service road at Ben White Boulevard in Austin; police said neither driver showed signs of intoxication, and the Vehicular Homicide Unit was investigating.
Our Texas pages cover car accidents, truck accidents, motorcycle accidents, pedestrian accidents, Uber and Lyft accidents, slip and fall injuries and dog bites. Local pages: Austin car accidents and Austin pedestrian accidents.
Texas, California and Washington compared
| State | Who brings the case | Deadline to sue | The person’s own pain before death | Punitive damages | Claim against a government |
|---|---|---|---|---|---|
| California | Spouse or domestic partner, children and issue of deceased children; others in set cases (CCP § 377.60) | 2 years (CCP § 335.1) | Not recoverable in cases filed on or after Jan. 1, 2026 (CCP § 377.34) | Not in the wrongful death claim, except after a felony homicide conviction; possible in the survival claim (Civ. Code § 3294(d)) | Written claim within 6 months (Gov. Code § 911.2) |
| Texas | Spouse, children and parents; the executor or administrator after 3 months (CPRC § 71.004) | 2 years from the death (CPRC § 16.003(b)) | Recoverable through the survival claim (CPRC § 71.021) | For gross negligence or a willful act, capped unless a listed felony (§ 71.009; § 41.008) | Notice within 6 months, or sooner under a city charter (CPRC § 101.101) |
| Washington | The personal representative, for spouse or partner and children, or else parents or siblings (RCW 4.20.020) | 3 years (RCW 4.16.080(2)) | Recoverable (RCW 4.20.046; RCW 4.20.060) | Not allowed unless a statute authorizes them (Dailey) | Claim form, then a 60-day wait (RCW 4.96.020; RCW 4.92.110) |
Texas is the only one of the three states with a fault bar, and the only one that limits the family claim to spouse, children and parents.
Related pages
- California wrongful death lawyer
- Washington wrongful death lawyer
- Texas wrongful death and survival claims
- Texas wrongful death statute of limitations
- Wrongful death damages
- Areas we serve in Texas
Common questions
How long do we have to file a wrongful death lawsuit in Texas?
Two years from the date of death (CPRC § 16.003(b)). If a government unit is involved, notice is due within six months, or sooner under some city charters (CPRC § 101.101).
Can brothers, sisters or grandparents sue for wrongful death in Texas?
No. The wrongful death claim is for the surviving spouse, children and parents only (CPRC § 71.004). Other heirs may share in the estate’s survival claim (CPRC § 71.021).
What happens if no family member files?
If none of the spouse, children or parents files within three calendar months of the death, the executor or administrator must bring the claim unless all of them ask that it not be brought (CPRC § 71.004(c)).
Can we sue for the loss of a pregnancy?
Texas includes an unborn child at every stage of gestation in the definition of individual for wrongful death claims (CPRC § 71.001). The claim cannot be brought against the mother, or against a licensed doctor or health care provider when the death relates to lawful medical care (CPRC § 71.003(c)).
Is there a cap on punitive damages in a Texas death case?
Yes, generally the greater of $200,000 or twice economic damages plus up to $750,000 in noneconomic damages. The cap does not apply to certain felonies, including intoxication manslaughter and murder (CPRC § 41.008).
Can we sue my husband’s employer after a work death?
If the employer carries workers’ compensation, that is generally the exclusive remedy, but a spouse or the heirs of the body may still recover exemplary damages for gross negligence or an intentional act (Labor Code § 408.001). Different rules apply if the employer does not carry workers’ compensation.
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Sources
- Tex. Civ. Prac. & Rem. Code § 16.003
- Tex. Civ. Prac. & Rem. Code § 33.001
- Tex. Civ. Prac. & Rem. Code § 33.011
- Tex. Civ. Prac. & Rem. Code § 41.003
- Tex. Civ. Prac. & Rem. Code § 41.008
- Tex. Civ. Prac. & Rem. Code § 71.001
- Tex. Civ. Prac. & Rem. Code § 71.002
- Tex. Civ. Prac. & Rem. Code § 71.004
- Tex. Civ. Prac. & Rem. Code § 71.009
- Tex. Civ. Prac. & Rem. Code § 71.010
- Tex. Civ. Prac. & Rem. Code § 71.021
- Tex. Civ. Prac. & Rem. Code § 101.021
- Tex. Civ. Prac. & Rem. Code § 101.022
- Tex. Civ. Prac. & Rem. Code § 101.023
- Tex. Civ. Prac. & Rem. Code § 101.051
- Tex. Civ. Prac. & Rem. Code § 101.101
- Tex. Labor Code § 408.001
- Tex. Civ. Prac. & Rem. Code § 71.003
- Moore v. Lillebo, 722 S.W.2d 683 (Tex. 1986)
- Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983)
- Russell v. Ingersoll-Rand Co., 841 S.W.2d 343 (Tex. 1992)
- TxDOT, Texas Motor Vehicle Traffic Crash Facts, Calendar Year 2025
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.