The phone call no one ever wants to receive.
An accident.
A loved one gone.
And just like that, everything changes.
In the middle of grief, there are decisions. And paperwork. And legal questions you never imagined having to ask—like whether your family is even allowed to seek justice for the person you lost.
In Texas, wrongful death laws are specific—and sometimes surprising. Not everyone close to the deceased has the legal right to file a claim. That’s where experienced Fort Worth wrongful death attorneys come in: to guide you through the eligibility maze while protecting your right to hold the at-fault party accountable.
First, What Exactly Is a Wrongful Death Claim?
Under Texas law, a wrongful death occurs when a person dies due to the “wrongful act, carelessness, unskillfulness, neglect, or default” of another person or company.
In simpler terms? If someone’s actions—or inaction—caused a death that shouldn’t have happened, the surviving family may have the right to file a lawsuit for financial compensation and justice.
Common examples include:
- Fatal car or truck accidents
- Medical malpractice
- Defective products
- Workplace incidents
- Criminal behavior (yes, civil suits can follow criminal cases)
But again—not everyone can file.
Eligible Family Members: Who Gets a Say in Court
Texas law is specific about who can file a wrongful death claim.
The people who can file include:
- Spouses (legally married, including common-law spouses)
- Children (biological and legally adopted)
- Parents (biological and adoptive)
These individuals can file separately or together in a joint claim.
If none of these eligible family members file within three months of the person’s death, the executor of the estate (also known as the personal representative) may bring the claim on behalf of the estate—unless specifically asked not to by the family.
Who Can’t File in Texas (Even If It Feels Unfair)
This part stings for many people.
Certain close relationships are not eligible to file a wrongful death claim in Texas, including:
- Siblings (even if you were incredibly close)
- Fiancés or long-term partners (if not legally married)
- Grandparents, aunts, uncles, cousins
- Friends or roommates
Even if these people were emotionally devastated by the death—or financially impacted—they don’t have standing under Texas law.
That’s why consulting with Fort Worth wrongful death attorneys early in the process is so important. It prevents costly mistakes and ensures the right person is stepping forward to take legal action.
What Damages Can Be Recovered?
Wrongful death claims in Texas can seek both economic and non-economic damages.
These may include:
- Lost earning capacity of the deceased
- Loss of companionship, support, and love
- Mental anguish
- Funeral and burial expenses
- Loss of inheritance (what the deceased would have likely saved and passed on)
In some cases—especially those involving gross negligence or intentional harm—punitive damages may also be awarded to punish the responsible party.
What About Survival Actions? (Yes, That’s a Different Lawsuit)
Texas also allows something called a survival claim—and it’s often confused with wrongful death.
A survival claim is brought on behalf of the deceased person’s estate, seeking damages the person could have claimed had they survived. This may include:
- Medical expenses prior to death
- Pain and suffering endured before passing
- Property damage
Think of it this way: a wrongful death claim compensates the family. A survival claim compensates the estate.
Both can be filed, but they serve different purposes—and may have different filing deadlines or evidence requirements.
Time Matters: Texas Has a Strict Deadline
In most cases, you have two years from the date of death to file a wrongful death lawsuit in Texas. That might sound like a lot of time, but building a case—especially a complex one—takes months.
There are exceptions to the rule, but they’re rare. It’s wise to consult with a qualified attorney well before that deadline approaches.
Final Thought: Justice Doesn’t Replace the Person, But It Honors Them
No amount of money can bring someone back. That’s the hard truth.
But legal action can provide something else: closure, accountability, and the resources needed to support the family left behind.
Working with knowledgeable Fort Worth wrongful death attorneys gives you clarity in the most chaotic time. They help you understand your rights, avoid legal pitfalls, and pursue justice with dignity.
Because your loved one’s story deserves more than a tragic ending. It deserves to be heard—and answered for.
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