The sudden loss of a loved one is devastating—especially when it happens because of someone else’s negligence. In addition to grief, families are often left with overwhelming questions: Who is responsible? What are my rights? Can I take legal action on behalf of my loved one?
Texas law provides a path toward accountability through a wrongful death claim, but not everyone is eligible to file. State statutes limit this right to only a few close family members, ensuring that the claim is brought by those most directly impacted by the loss.
At O’Hare and Koch Law Firm, we zealously serve families in Dallas, Carrollton, and throughout Texas, and we understand how difficult it can be to navigate these laws while coping with loss. Our role is to guide you with compassion and clarity through the wrongful death claim process to meet the claim requirements and satisfy all of the deadlines.
The Three Eligible Parties Under Texas Law
Texas takes a narrow approach to wrongful death claims. The law makes sure that the right to file belongs only to those most directly affected by the loss. As provided in the Texas Civil Practice and Remedies Code §71.004,
“An action to recover damages … is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.”
This means that only these immediate family members may bring a claim, either individually or together. Let’s look at each group more closely:
1. Surviving Spouse
A surviving spouse—whether legally married or in a recognized common-law marriage—has the immediate right to file. The spouse may act independently or join with other eligible family members in pursuing justice.
2. Children
Children of the deceased, whether biological or legally adopted, are eligible to file. Importantly, this includes adult children, not just minors.
3. Parents
Both biological and adoptive parents are recognized under Texas law as eligible claimants, regardless of the age of their child at the time of death.
Who Cannot File a Wrongful Death Claim?
Texas law restricts eligibility sharply: other relatives cannot file, even if they were emotionally close:
- Siblings (biological or adopted)
- Grandparents
- Unmarried partners
- Foster or step-families
The Role of the Executor or Estate Administrator
Texas law gives the first opportunity to file a wrongful death claim to the surviving spouse, children, or parents. But what happens if no one files right away?
If no eligible family member brings a claim within three months of the date of death, the executor or administrator of the deceased’s estate may file the claim on behalf of the family. However, this only applies if the surviving spouse, children, or parents have not objected to such action.
This provision ensures that wrongful death claims can still move forward, even if family members are hesitant or unable to act immediately during the grieving process.
Statute of Limitations in Texas: Don’t Miss the Deadline
Texas imposes a two-year deadline to file a wrongful death lawsuit, counting from the date of death (not the date of incident).
While this rule is firm, a few narrow exceptions may extend the deadline:
- If the plaintiff is a minor, the clock can be tolled until they turn 18
- Fraudulent concealment or delayed discovery of negligence may also pause the deadline
- Mental incapacity of a surviving claimant may toll their deadline until recovery
- In the rare case of claims against a government entity, separate six-month notice requirements may apply under the Texas Tort Claims Act.
If these deadlines are missed, even a strong case may be dismissed so prompt legal guidance is critical.
What Damages Can Be Recovered in a Wrongful Death Claim?
In Texas, certain damages may be recovered in a wrongful death claim. While we’ve explored this in detail before, here’s a quick look at the most common types:
Economic Damages
- Lost income and support
- Medical expenses before death
- Funeral and burial costs
- Lost household services
Non-Economic Damages
- Mental anguish and grief
- Loss of companionship, love, and guidance
Punitive (Exemplary) Damages
- Reserved for cases involving gross negligence or willful conduct—requiring clear and convincing evidence
Texas allows full compensatory recovery without a general cap, except in specific contexts like claims against governmental entities or in medical malpractice suits.
Why Prompt Action and Experienced Representation Matter
Texas wrongful death laws are strict, with tight deadlines and specific eligibility rules. Missing a deadline—even by a single day—can put your legal rights at risk. Proving a wrongful death claim also requires navigating complex legal standards while facing insurers who may try to minimize payouts.
At O’Hare and Koch Law Firm, we provide compassionate, expert support to families in Dallas and Carrollton, including:
- Free, no-obligation consultation
- Clear guidance through complex legal issues
- Aggressive advocacy to maximize your recovery
- Contingency-based representation—no fees unless we win
Moving Forward with Confidence After a Wrongful Death
You don’t have to go through this alone. Our Carrollton and Dallas personal injury lawyers are ready to fight for you and for the honor of your loved one. Contact us today for a free case evaluation to discuss your case and secure the justice and support your family deserves.
