A sudden death in the family turns your life upside down, and within days, people start asking hard questions about what happened and who is responsible. You may be juggling funeral arrangements, family emotions, and financial worries all at once. In the middle of that, you start hearing the phrase “wrongful death claim” and wonder what that really means in Texas and whether it applies to your situation.
Many families have two competing feelings at this point. They want answers and accountability, and they also feel overwhelmed by the idea of dealing with courts, insurance companies, and legal deadlines. Texas has its own set of wrongful death rules, including who can file and how long you have, and those rules are not always intuitive. Understanding the legal framework does not remove the grief, but it can help you protect your family’s rights instead of losing them by default.
At McDowell Law Group LLP, we are a Houston-based firm that spends our time in Texas law and Texas courts, standing up for individuals whose rights are threatened by powerful entities. We never represent government bodies or condemning authorities, so our focus is on people, not institutions. In this guide, we will walk through the legal steps for filing a wrongful death claim in Texas, in plain language, so you can see what the process looks like and when it makes sense to call a lawyer.
What a Wrongful Death Claim in Texas Actually Is
A wrongful death claim is a civil claim created by state law that allows certain family members to seek compensation when their loved one’s death is caused by another person or company’s wrongful conduct. That conduct might be negligence, such as a careless truck driver, a dangerous workplace, or a property owner who ignored serious hazards. It can also be a more serious wrongdoing, such as reckless or intentional acts. The focus of the claim is the impact of that death on specific surviving family members.
This is different from a survival claim, which belongs to the deceased person’s estate. A survival claim is essentially the personal injury claim the person would have had if they had lived. It can cover things like medical bills, pain and suffering before death, and other losses the person experienced between the incident and their passing. In many Texas cases, both a wrongful death claim and a survival claim may exist at the same time, serving different legal purposes and potentially different beneficiaries.
It is also important to separate civil wrongful death claims from criminal cases. If law enforcement believes a crime occurred, such as intoxication manslaughter or criminally negligent homicide, a prosecutor may bring criminal charges. That case is about punishment and is controlled by the state, not by the family. A civil wrongful death claim is about financial accountability to the family for their losses. The two can move in parallel, and you can pursue a civil claim even if there is no criminal conviction, or no criminal case at all. Because our practice is grounded in Texas civil law, we explain and pursue these civil claims based on how they function in Texas courts, not as a generic national template.
Who Can File a Wrongful Death Claim in Texas?
One of the first questions families ask is who is allowed to bring this claim. Under Texas law, only certain close relatives have what lawyers call “standing,” meaning the legal right to file a wrongful death claim. Those relatives are typically the surviving spouse, children, and parents of the person who died. Children can include adult children, and they can be biological or, in many cases, legally adopted children. Spouses include those in a valid legal marriage at the time of death.
Other relatives, even those who were very close to the person, usually do not have standing to bring a wrongful death claim. For example, siblings, grandparents, or long-term partners who were not legally married are generally not allowed to file a wrongful death claim in Texas, no matter how deep their loss. That can be a painful surprise. When multiple eligible relatives exist, such as a spouse and several adult children, they can file a single claim together. In practice, it is often better to coordinate in one lawsuit rather than having fragmented cases moving separately.
There are also rules about timing and who steps in if eligible family members do not file. If the surviving spouse, children, or parents do not file a wrongful death claim within a certain period after the death, the executor or administrator of the estate may be able to bring a related claim on behalf of the estate. That is where survival claims come back into the picture. Because we limit the number of cases we take, we have room to sort through these family relationships with you, explain who has standing, and help align the family’s approach before any paperwork is filed.
How Long Do You Have to File a Wrongful Death Claim in Texas?
Texas law does not give families unlimited time to decide whether to bring a wrongful death claim. In many cases, the statute of limitations for a Texas wrongful death claim is two years from the date of death. A statute of limitations is a legal deadline. If a claim is not properly filed in court by that deadline, the family can lose the right to pursue it at all, regardless of how strong the facts might have been.
There are some situations where the timing rules can be more complicated. For example, there are often shorter notice deadlines if a potential defendant is a government entity, such as a city or county. There can be special issues when minor children are involved, or when the facts about what happened take time to emerge. These are not automatic “get more time” cards, and courts apply any exceptions narrowly. That is why it is risky to assume your family will fall into an exception without speaking with a Texas attorney who can examine your specific circumstances.
From a practical standpoint, waiting until you are close to the two-year mark to call a lawyer can make the case harder. Investigation, evidence gathering, drafting, and filing a lawsuit all take time. Witnesses’ memories fade. Video footage and electronic data can be overwritten. Companies change hands or reorganize. At McDowell Law Group LLP, we plan cases backward from known deadlines, so there is room to investigate thoroughly, explore settlement, and still be prepared for trial if needed. The earlier the conversation starts, the more options you typically have.
Step by Step: How a Wrongful Death Claim in Texas Moves Forward
Knowing what the path ahead looks like can make the legal process less intimidating. While every case is unique, many Texas wrongful death claims move through several broad stages. The first is the initial consultation and evaluation. In that meeting, we listen carefully to your account of what happened, review any documents or information you already have, and give a preliminary view of potential claims, parties, and issues. This is also when you can ask questions about how we communicate, how fees work, and what to expect if we move forward together.
If both sides agree to proceed, the case moves into an investigation and preparation phase. We obtain key records such as police reports, medical records, and relevant workplace or property documents. We identify and, when appropriate, contact witnesses. We analyze potential defendants, which might include individuals, companies, or entities responsible for vehicles, equipment, property, or safety policies. We also examine insurance coverage, because that often shapes the practical side of resolving a claim. In some cases, we bring in specialists, such as accident reconstruction experts, to help understand technically how the incident occurred.
Once we have enough information, we typically put the responsible parties and their insurers on notice that a claim exists. Sometimes there is an opportunity to engage in early negotiation. In many serious wrongful death cases, it becomes necessary to file a lawsuit in a Texas civil court. Filing a lawsuit involves drafting a document called a petition, which sets out the basic facts and legal claims and names the defendants. After the petition is filed and served, the case enters discovery, which is the formal process of exchanging information. Discovery can include written questions, document requests, and sworn testimony called depositions.
During and after discovery, there are often structured opportunities to try to resolve the case, such as mediation. Mediation is a confidential meeting with a neutral third party who helps both sides explore settlement options. Many Texas wrongful death cases resolve through settlement at some point in this process. If a fair resolution is not reached, the case can proceed toward trial, where a judge or jury hears the evidence and decides liability and damages. Because our firm is accustomed to challenging powerful opponents in Texas courts, we prepare cases from the outset with the expectation that they may need to be presented in a courtroom, even while we pursue reasonable settlement opportunities along the way.
When to Talk to a Texas Wrongful Death Lawyer and What to Ask
There is no perfect time to talk to a lawyer after losing someone you love, but from a legal perspective, sooner is usually better. Early involvement allows an attorney to help preserve critical evidence, monitor law enforcement or regulatory investigations, and make sure that key deadlines, including any special notice requirements for government-related defendants, are not missed. It also gives your family a single point of contact for communications with insurers or opposing parties, which can relieve some day-to-day pressure.
In an initial consultation, it can help to come prepared with questions. You may want to ask about the attorney’s experience with serious civil cases under Texas law, how often they appear in Texas courts, and who in the firm will work directly with you. It is reasonable to ask how the fee structure works, including whether the firm uses contingency fees so you do not pay hourly, and how case expenses are handled. You can also ask how the firm communicates, how often you can expect updates, and what the next few months might look like if you decide to move forward.
A consultation does not obligate you to file a claim or hire that firm. It is an opportunity to understand your options and to see whether the attorney’s approach fits your family. At McDowell Law Group LLP, we accept only a selective number of cases, which allows us to provide personal attention and thoughtful strategy rather than treating your case like just another file. If you are unsure whether your situation fits within Texas wrongful death law, a conversation can bring clarity and help you make informed decisions about what comes next.
Talk With a Texas Lawyer About a Wrongful Death Claim
No legal guide can capture everything your family is going through after a wrongful death, but understanding the Texas process can keep critical rights from slipping away. Knowing who can file, how long you have, what evidence matters, and how the civil system interacts with criminal cases and insurers gives you a clearer picture of what pursuing a claim would actually involve. You do not have to navigate those rules, deadlines, and negotiations alone.
If you are facing the aftermath of a preventable loss, we can walk through your specific situation, explain how Texas law applies, and outline the practical steps from investigation through potential filing and resolution. A focused conversation now can protect your options for later, even if you are not ready to make every decision today. To speak directly with our team about a potential wrongful death claim in Texas, call us at (713) 496-0504 for a confidential consultation.