Texas Wrongful Death Lawsuit: Process, Timeline, and What Families Can Recover

Losing a family member because of someone else’s negligence is devastating. Attorney Chris Sanchez at therelentlesslawyer.com in McAllen, Texas helps surviving families understand their legal rights and navigate the wrongful death claim process. This guide explains Texas wrongful death law, who can sue, what damages are available, and how long the process takes.

What Is a Texas Wrongful Death Lawsuit?

A Texas wrongful death lawsuit allows surviving family members to sue the person or entity whose negligence caused their loved one’s death. The claim is governed by Texas Civil Practice & Remedies Code §§ 71.002–71.021. The goal is to compensate the family for the financial and emotional losses caused by the death — not to punish the defendant (though punitive damages are also available in appropriate cases).

Who Can File a Wrongful Death Claim in Texas?

Under § 71.004, only certain family members may file:

• Surviving spouse
• Children (biological and adopted)
• Parents — but only if no spouse or child files within 3 months of the death

Under § 71.021, the deceased’s estate may also bring a survival action to recover damages the deceased suffered before death (pain and suffering, medical expenses) — separate from the wrongful death claim.

What Damages Can a Texas Wrongful Death Claim Recover?

• Loss of financial support — the income the deceased would have provided to the family over their working life
• Loss of services — childcare, household work, and other contributions the deceased made
• Loss of companionship, love, and consortium — the emotional relationship between the deceased and surviving family members
• Mental anguish of surviving family members
• Funeral and burial expenses
• Exemplary (punitive) damages under § 41.003 — available when the defendant acted with malice or gross negligence (drunk driving, reckless commercial truck operation, intentional acts)

How Long Does a Texas Wrongful Death Lawsuit Take?

The timeline depends on whether the case settles or goes to trial:

• Pre-litigation investigation: 1–3 months (gather police reports, medical records, employment records, accident reconstruction)
• Demand and negotiation: 1–6 months (send demand letter; negotiate with insurer)
• Litigation (if needed): 12–36 months (filing, discovery, depositions, expert witnesses, trial or mediation)

Most wrongful death cases settle before trial. However, cases involving disputes over liability, multiple defendants (e.g., a commercial trucking company and its driver), or large damage amounts typically require formal litigation.

The Statute of Limitations for Texas Wrongful Death Claims

Families have two years from the date of death to file a wrongful death lawsuit under § 16.003. This deadline is strict — courts almost never grant extensions. The clock runs from the date of death, not from when the family hires an attorney or finishes grieving. Contact a Texas wrongful death attorney immediately to preserve evidence and protect your rights.

Frequently Asked Questions — Texas Wrongful Death Lawsuits

See also: Texas Wrongful Death Lawyer | 18-Wheeler Lawyer | Areas Served