Wrongful Death Under Texas Law: What Qualifies
For many families, the first question is whether a loss meets the legal definition of wrongful death under Texas law. Under Chapter 71 of the Texas Civil Practice and Remedies Code, a wrongful death occurs when a person’s death results from a wrongful act, neglect, carelessness, unskillfulness, or default of another individual or entity. Determining whether a death qualifies typically requires careful review of records, witness statements, and expert analysis.
Common causes of wrongful death in the DFW area include:
Chapter 71 also establishes a two-year statute of limitations from the date of death. Missing that deadline can end a family’s ability to recover. Early legal guidance helps ensure evidence is preserved and filing deadlines are met.
The Four Elements of a Texas Wrongful Death Claim
To succeed in a wrongful death claim under Texas law, four elements must be established. Each one requires specific evidence, which is why how a case is investigated from the start matters.
Duty of Care
The defendant must have owed the deceased a recognized legal duty. A driver owes a duty to obey traffic laws. An employer owes a duty to maintain a safe worksite. A medical provider owes a duty to meet the applicable standard of care.
Breach of Duty
The defendant failed to meet that duty through negligent, careless, or wrongful conduct. The breach may involve a single act, a pattern of behavior, or a systemic failure by an organization.
Causation
The breach must be shown to have directly caused or substantially contributed to the death. This is typically established through accident reports, expert testimony, and witness statements, and it’s where defense teams most aggressively contest liability.
Measurable Damages
The death must have produced quantifiable losses: financial support the deceased would have provided, the value of household services, loss of companionship and society, mental anguish, and funeral and burial expenses. In cases involving gross negligence, exemplary damages may also be available.
Wrongful Death Claims vs. Survival Actions in Texas
Texas law allows two related but distinct claims to be filed after a fatal incident, and understanding the difference matters for how a case is structured and who benefits from any recovery.
A wrongful death claim is brought by eligible surviving family members for their own losses resulting from the death, including lost financial support, loss of companionship, and mental anguish. A survival action is a separate claim brought on behalf of the deceased person’s estate, covering the pain, suffering, and medical expenses the deceased endured between the incident and death. Recovery in a survival action becomes part of the estate and is distributed according to the will or, if none exists, under Texas intestacy law.
Both claims can be filed simultaneously and arise from the same underlying incident. The distinction matters because different family members may have standing to different claims, and the damages categories don’t overlap. An estate’s personal representative coordinates the survival action while eligible family members pursue the wrongful death claim.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law, the surviving spouse, children, and parents of the deceased may bring a wrongful death action, individually or jointly. Under Tex. CPRC § 71.004(c), if no eligible family member files within three months of the death, the estate’s personal representative may file on the estate’s behalf unless all statutory beneficiaries request otherwise.
Dallas wrongful death cases are typically filed in a district court or county court at law in the county where the death occurred or where a responsible party resides. When multiple eligible family members are involved, early coordination helps avoid disputes and keeps deadlines on track. Identifying one primary point of contact for the legal team streamlines communication without affecting anyone’s legal rights. A wrongful death attorney in Dallas can walk your family through how the law applies to your specific situation and help develop a sound filing strategy.
How Comparative Negligence Affects a Texas Wrongful Death Claim
Texas follows a modified comparative negligence rule. Eligible family members can still recover even if the deceased is found partially at fault, as long as the deceased’s share of fault does not exceed 50%. If it does, recovery is barred entirely. Below that threshold, recovery is reduced proportionally. For example, a 10% fault finding on a $500,000 claim would reduce recovery to $450,000.
Defense teams and insurers routinely attempt to shift blame onto the deceased to reduce or eliminate payouts. Building a strong evidentiary record early, through accident reports, expert analysis, and witness statements, is one of the most effective ways to counter those efforts before they take hold in litigation.
Frequently Asked Questions
How Long Do I Have to File a Wrongful Death Claim in Texas?
In most situations, a wrongful death claim in Texas must be filed within two years of the date of death. Limited exceptions exist, but courts apply them narrowly, so it’s risky to assume extra time will be available. Because gathering medical records, investigating the incident, and consulting with experts all take time, speak with a lawyer well before the deadline rather than waiting until the end of the two-year period.
What Types of Compensation May Be Available in a Wrongful Death Case?
Compensation in a wrongful death case can include lost income and benefits the deceased would have provided, the value of household services they performed, loss of companionship and society, mental anguish, and funeral and burial expenses. In cases involving gross negligence, exemplary damages may also be available. The exact categories and amounts depend on the facts of the case and how the death has affected the surviving family.
For wrongful death claims arising from medical malpractice, non-economic damages are subject to a statutory cap under Tex. CPRC § 74.301; no such cap applies to economic damages in private suits generally. Claims against a government entity are subject to statutory damage caps that vary by entity type; for the State of Texas and most municipalities, caps are generally $250,000 per person and $500,000 per incident, while claims against counties and other local governmental units are typically capped at lower amounts.
Is a Wrongful Death Case the Same as a Criminal Case?
No. A wrongful death claim is a civil case, separate from any criminal charges the state may pursue. Criminal cases focus on punishment and are brought by prosecutors. A civil wrongful death case focuses on financial accountability and is brought by eligible family members or an estate representative. The two can proceed simultaneously, and the outcome of one doesn’t automatically control the outcome of the other.
How Does the Contingency Fee Structure Work?
We handle wrongful death cases on a contingency basis, meaning no legal fees are owed unless there is a recovery. This structure allows families to pursue a claim without upfront costs or out-of-pocket legal expenses. If there is no recovery, there is no fee.
What If the Responsible Party Denies Liability?
Denied liability is common. When it happens, we’re prepared to pursue litigation and take the case to trial if that’s what accountability requires. Our background in high-stakes, evidence-intensive litigation means we build cases designed to hold up under courtroom scrutiny, not just to reach a quick settlement.
Can Survivors Receive Workers’ Compensation Benefits If the Death Occurred on the Job?
Eligible survivors may be entitled to workers’ compensation death benefits under Texas Department of Insurance guidelines, which can include funeral and burial expense reimbursement and income benefits for dependent survivors. These benefits are separate from a civil wrongful death claim, and in some circumstances both may apply. The specifics depend on whether the employer carried workers’ comp coverage and the deceased’s employment status at the time of the incident.
What If No Eligible Family Member Files Within Three Months?
Under Tex. CPRC § 71.004(c), if no surviving spouse, child, or parent files a wrongful death claim within three months of the death, the estate’s personal representative may file on behalf of the estate unless all statutory beneficiaries request that no action be filed. This provision exists to ensure that the right to seek accountability isn’t lost due to delay, which is one more reason early legal consultation matters.
How Marchand Law Approaches Dallas Wrongful Death Cases
We bring over 60 years of combined experience in complex, high-stakes litigation to every wrongful death matter we accept. Our husband-and-wife team serves as lead counsel at every stage, including matters involving catastrophic injuries and fatal incidents where both medical and technical causation are at issue.
Leanna Marchand’s nursing background and David Marchand’s engineering background allow us to independently evaluate both the medical consequences of a fatal incident and the mechanical or technical factors that may have caused it. That dual capacity has supported our work as lead counsel in high-stakes matters, including aviation software defect litigation and major Medicare fraud cases, both of which required the same kind of evidence-intensive preparation that wrongful death cases demand. We can explain how claims move through Texas courts, what to expect at each stage, and where decisions will need to be made, so the process can feel more manageable during an already difficult time. We serve families throughout Dallas and North Texas.
Reach Out for a Confidential Consultation
If your family has suffered the loss of a loved one due to negligence, you don’t have to navigate the legal process alone. We’re prepared to pursue accountability for your family while treating your loss with the care and determination it deserves.
Contact our Dallas wrongful death attorneys online or call (903) 345-1807 to schedule a confidential consultation. There are no fees unless we recover for you.
