Wrongful Death Lawsuits in Texas
Who can bring a wrongful death claim in Texas, the deadline to file, and any limits on damages.
Short answer: The action is for the exclusive benefit of the surviving spouse, children and parents of the person who died. Any of them may sue, alone or on behalf of all. Tex. Civ. Prac. & Rem. Code § 71.004
| Who can sue for wrongful death | The action is for the exclusive benefit of the surviving spouse, children and parents of the person who died. Any of them may sue, alone or on behalf of all. If none of them has filed within three calendar months after the death, the executor or administrator must bring the action unless all of them ask the executor not to. |
|---|---|
| Wrongful death deadline | Two years, counted from the date of death. |
| Damage caps | No general cap on compensatory damages in ordinary personal injury cases was found. Caps apply in health care liability claims, to exemplary (punitive) damages, and to claims against government units under the Tort Claims Act. |
More Texas personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Texas
- Medical Malpractice Rules in Texas
- Car Accident Claims in Texas
- Dog Bite Liability in Texas
- Slip, Trip and Fall Injuries in Texas
- Sidewalk and Public Property Falls in Texas
- Motorcycle Accident Claims in Texas
- Pedestrian Accident Claims in Texas
- Bicycle Accident Claims in Texas
- Uber and Lyft Accident Claims in Texas
- Truck Accident Claims in Texas
- Construction Site Injuries in Texas
- All Texas personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Texas?
The action is for the exclusive benefit of the surviving spouse, children and parents of the person who died. Any of them may sue, alone or on behalf of all. If none of them has filed within three calendar months after the death, the executor or administrator must bring the action unless all of them ask the executor not to.
How long do you have to file a wrongful death lawsuit in Texas?
Two years, counted from the date of death.
Does Texas cap damages in personal injury cases?
No general cap on compensatory damages in ordinary personal injury cases was found. Caps apply in health care liability claims, to exemplary (punitive) damages, and to claims against government units under the Tort Claims Act.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.