Rich Hyde | October 13, 2026 | Personal Injury
In Texas, surviving family members may recover compensation for financial and personal losses after a loved one’s wrongful death. Damages may include lost income, loss of companionship, mental anguish, and other losses. The amount depends on the circumstances of the death and its impact on eligible family members.
Trial Tribe Injury Lawyers helps Fort Worth families pursue wrongful death compensation. Our attorneys have more than a decade of combined experience and have recovered over $40 million for clients. Contact us for a free consultation.
Who Can File a Wrongful Death Claim in Texas?
Under Texas Civil Practice and Remedies Code § 71.004, only certain family members can file a wrongful death claim.
Eligible family members include:
- Surviving spouses
- Children, including legally adopted children
- Parents, including legally adoptive parents
Siblings and grandparents generally cannot file wrongful death claims. If no eligible family member files within three months of the death, the estate’s executor or administrator generally must file unless all eligible beneficiaries request otherwise.
Economic Damages in a Texas Wrongful Death Case
Economic damages compensate surviving family members for financial losses caused by a loved one’s death.
These damages may include:
- Lost financial support: Income the deceased would have contributed to the family.
- Lost household services: The value of childcare, household maintenance, and other services the deceased provided.
- Lost inheritance: Assets that the eligible beneficiaries would reasonably have inherited if the deceased had lived.
Medical bills incurred before death and funeral expenses may also be recoverable through an appropriate claim, depending on who incurred them.
Financial records, employment information, and other evidence can help establish these losses.
Non-Economic Damages in a Texas Wrongful Death Case
Non-economic damages compensate eligible family members for personal losses that do not have a specific dollar value.
These damages may include:
- Loss of companionship and society: The loss of love, comfort, and companionship.
- Loss of parental guidance: The loss of a parent’s care, advice, and support.
- Mental anguish: Emotional suffering and grief caused by the death.
Texas allows eligible wrongful death claimants to recover mental anguish damages. The amount depends on the evidence and how the death affected each family member.
What Is a Survival Claim and How Is It Different From a Wrongful Death Claim?
A wrongful death claim compensates eligible family members for their losses after a loved one’s death. A survival claim seeks compensation for losses the deceased experienced before dying.
Under Texas Civil Practice and Remedies Code § 71.021, the deceased person’s personal injury claim may survive their death. The estate’s legal representative or eligible heirs may pursue the claim.
Survival damages may include:
- Medical expenses incurred before death
- Lost wages between the injury and death
- Conscious pain and suffering before death
For example, if someone survives a car accident for several days before dying, a survival claim may cover their medical treatment and conscious pain and suffering during that time.
A family may pursue both wrongful death and survival claims arising from the same accident, but the claims compensate for different losses.
Is There a Cap on Wrongful Death Damages in Texas?
Texas generally does not cap compensatory damages in ordinary wrongful death cases, including most fatal car and truck accidents. However, certain claims have statutory limits.
Important exceptions may apply to:
- Medical malpractice: Texas Civil Practice and Remedies Code § 74.303 limits damages in qualifying health care liability, wrongful death, and survival claims.
- Exemplary damages: Section 41.008 generally limits punitive damages, subject to statutory exceptions.
- Government liability: The Texas Tort Claims Act limits recoveries against certain government entities.
Under Texas Civil Practice and Remedies Code § 71.010, juries may award damages proportionate to the injury resulting from the death. The amount depends on the evidence and applicable legal limits.
How Long Do You Have to File a Wrongful Death Claim in Fort Worth?
Under Texas Civil Practice and Remedies Code § 16.003(b), families generally have two years from the date of death to file a wrongful death lawsuit.
Certain exceptions may affect the deadline, including tolling provisions for minors and different limitations periods for claims involving specified criminal offenses. Claims against government entities may also have earlier notice requirements.
Additionally, § 71.004 generally requires the estate’s executor or administrator to file if eligible family members have not brought a claim within three months, unless all beneficiaries request otherwise. This three-month provision does not shorten the general two-year filing deadline.
What to Do After Losing a Family Member in a Fort Worth Accident
After a fatal accident, preserving evidence and understanding your family’s legal options can help protect a potential wrongful death claim.
Important steps include:
- Obtain records: Keep accident reports, medical records, and death certificates.
- Preserve evidence: Save photographs, videos, and witness information.
- Document losses: Retain funeral bills, employment records, and financial documents.
- Review insurance offers carefully: Understand the consequences before accepting a settlement or signing a release.
- Contact a wrongful death attorney: Discuss who can file, what damages may be available, and applicable deadlines.
A civil wrongful death claim may proceed even while a related criminal case is pending. However, criminal proceedings do not automatically extend the civil filing deadline.
Trial Tribe Injury Lawyers represents Fort Worth families pursuing compensation after fatal car crashes, truck accidents, and other incidents. Our attorneys can investigate liability, evaluate wrongful death and survival damages, and help eligible family members pursue their claims.
For more information, contact Trial Tribe Injury Lawyers, or you can call at (817) 400-5000 to schedule a free consultation with a Fort Worth Personal Injury lawyer in Fort Worth, TX, today.
We are proud to serve clients throughout Fort Worth, Tarrant County, and the surrounding communities in Texas.
Trial Tribe Injury Lawyers – Fort Worth
4528 W Vickery Blvd #202, Fort Worth, TX 76107
(817) 400-5000
Available 24/7
Trial Tribe Injury Lawyers – Coppell
202 W Sandy Lake Rd ste 105, Coppell, TX 75019
(817) 400-5000
Available 24/7