Quick answer: A Texas wrongful death claim lets a surviving spouse, children, or parents recover for the loss of a loved one caused by someone else’s negligence or misconduct. You generally have two years from the date of death to file. The Law Offices of John David Hart — board certified in Personal Injury Trial Law and Civil Trial Law — handles wrongful death cases in Fort Worth and across Texas with compassion and trial-tested experience, on a no-fee-unless-we-win basis. Call 817-870-2102 for a free, confidential consultation.
Who can file a wrongful death claim in Texas
Texas limits the wrongful death claim to the deceased person’s surviving spouse, children, and parents, who may file individually or together. A separate survival claim may be brought by the estate for what the deceased endured before death. The two are often pursued together.
Cases that lead to wrongful death claims
- 18-wheeler and serious car or motorcycle crashes
- Oilfield, industrial, and workplace accidents
- Medical malpractice
- Defective products and dangerous drugs or devices
- Unsafe premises
What Texas families can recover
- Lost financial support and household services
- Lost love, companionship, comfort, and society
- Mental and emotional anguish of the surviving family
- Lost inheritance and funeral/burial expenses
- Through the survival claim: the deceased’s pre-death medical bills and conscious pain and suffering
- Exemplary (punitive) damages when the death resulted from gross negligence
Texas law you should know
- Deadline: generally two years from the date of death, with limited exceptions.
- Comparative fault: recovery is possible as long as the deceased was not more than 50% at fault, reduced by their share.
Frequently asked questions
Who can file a wrongful death claim in Texas?
The surviving spouse, children, and parents of the deceased; the estate’s representative in limited circumstances.
How long do we have to file?
Generally two years from the date of death, though exceptions can apply.
What is the difference between wrongful death and a survival claim?
Wrongful death compensates the family for their losses; the survival claim compensates the estate for what the deceased endured before death. They are often brought together.
How much does it cost to hire your firm?
Nothing up front. We work on contingency — no fee unless we win — and the consultation is free and confidential.
Talk to a Fort Worth wrongful death lawyer
Free, confidential consultation. No fee unless we win. Call 817-870-2102 or 800-247-1623.
Related: Truck Accidents · Oilfield Injuries & Deaths · Catastrophic Personal Injury
