How Does a Wrongful Death Claim Work in Texas?

 Posted on June 15, 2025 in Wrongful Death

The laws that govern wrongful death cases in Texas can be challenging to understand. However, the purpose behind these claims is to ensure survivors of those killed by someone else’s actions can access the financial support they need in the aftermath of the death.

If you recently lost a loved one and another party is at fault, an El Paso County, TX wrongful death attorney can help you navigate the complexities of recovering damages and will protect your rights throughout the process.

What Qualifies as a Wrongful Death Under Texas Law?

According to the Texas Civil Practices and Remedies Code, a "wrongful death" occurs when someone suffers an injury that causes them to die, and the injury is caused by someone else’s negligence, wrongful act, default, carelessness, or unskillfulness. Additionally, the injured person must have been eligible to file a personal injury lawsuit against the at-fault party for their injuries and damages if they had lived. This law also applies if someone is responsible for a fetus’s failure to be born alive.

Many types of events can result in a wrongful death case. The most common are negligence-based incidents, including car accidents, truck accidents, hazards on someone’s property, defective products, medical malpractice, and more. Intentional acts, including crimes like assault, can result in criminal and civil liability for a wrongful death.

Who Can File a Wrongful Death Claim in Texas?

In Texas, the surviving spouse, children, and parents of the victim are permitted to file a wrongful death claim to recover financial compensation for the financial and emotional losses associated with the family member’s death. If the claim is not filed within three months of the person’s death, an estate or personal representative must file. However, if the family does not want to pursue a claim, they can request that the lawsuit not be filed.

Damages You Can Recover From a Wrongful Death Claim

The recoverable damages from a wrongful death claim can vary from case to case. However, common economic and non-economic losses associated with a wrongful death case include:

• Income that the deceased would have provided

• The value of any savings or inheritance that the plaintiffs would have received from the deceased

• The mental pain and anguish associated with losing a loved one to wrongful death

• The loss of the companionship, society, comfort, and love that the deceased provided

• The cost of the funeral and burial expenses

In rare cases, the court may award exemplary damages, also known as punitive damages, which act as a punishment for the defendant rather than compensation.

How Do Wrongful Death Claims and Survival Actions Differ in Texas?

In short, a wrongful death claim pays for the damages incurred from the date that the family member died. A survival action covers the damages incurred between the injury and death. This is the claim the deceased could have brought before the court if they had survived. The two are often filed at the same time.

Speak With an El Paso, TX Wrongful Death Attorney Today

Losing someone close to you in a tragic accident is already excruciatingly painful, but when the cause is another person or party’s negligence, you can hold them financially accountable under Texas law. While there is nothing we can do to remove the emotional impact, an experienced Van Horn, TX wrongful death lawyer at James Kennedy, P.L.L.C. will fight to protect your right to compensation. Call us today at 915-544-5200 to schedule a free consultation and start planning a strategy for your claim. Se habla Español.