TEXAS WRONGFUL DEATH LAW — YOUR RIGHTS
Under the Texas Wrongful Death Act, certain family members can recover compensation when a person dies as a result of another's wrongful act, neglect, or carelessness. The statute authorizes claims by the surviving spouse, children, and parents of the deceased.
Act within 2 years. The wrongful death statute of limitations in Texas is 2 years from the date of death. If the defendant is a government entity, the notice period can be as short as 6 months. Contact an Austin wrongful death attorney immediately.
Damages Available in Austin Wrongful Death Cases
Lost financial supportThe income the deceased would have earned and contributed to the family over their expected working life
Loss of companionshipThe love, comfort, and society the deceased provided to their spouse and children
Mental anguishThe grief, suffering, and emotional distress caused to surviving family members
Medical expensesAll medical bills incurred in treating the deceased before death
Funeral and burial costsReasonable funeral, burial, and related expenses
Punitive damagesAdditional damages in cases involving gross negligence or reckless disregard for life
Common Causes of Wrongful Death in Austin TX
1
Car & Truck Accidents
I-35, MoPac, and US-183 fatal crashes are among the most common wrongful death cases in Travis County.
2
Medical Malpractice
Surgical errors, misdiagnosis, and hospital negligence that result in death at Austin medical facilities.
3
Workplace Accidents
Construction site falls, equipment failures, and industrial accidents on Austin's active sites.
4
Nursing Home Abuse
Neglect at Austin-area nursing facilities that leads to preventable death of elderly residents.
5
Defective Products
Dangerous consumer products, vehicles, and industrial equipment that cause fatal injuries.
Who Can File a Wrongful Death Claim in Texas?
Surviving spouse of the deceased — including common-law spouses in some circumstances
Children of the deceased — including adopted children and adult children
Parents of the deceased — including adoptive parents
The estate's executor or administrator — if no family members file within 3 months
Note: Siblings, grandparents, and other relatives do NOT have standing under Texas law
Each eligible family member can bring their own claim or all join in a single lawsuit
Frequently Asked Questions
Who can file a wrongful death lawsuit in Texas?▾
Under the Texas Wrongful Death Act, only the surviving spouse, children, and parents can file. If none file within 3 months of death, the estate's executor may bring the claim.
What is the statute of limitations for wrongful death in Texas?▾
Two years from the date of death. If the defendant is a government entity, a formal notice of claim may be required within 6 months.
What is the difference between a wrongful death claim and a survival action?▾
A wrongful death claim compensates surviving family members for their own losses. A survival action is filed by the estate for damages the deceased suffered before death. Both can be filed simultaneously.
How is wrongful death compensation calculated?▾
Courts consider the deceased's age, life expectancy, earning history, and the survivors' dependence on them. A forensic economist typically calculates lost future earnings.
Can you sue for wrongful death if there was no criminal conviction?▾
Yes. Civil wrongful death cases have a lower burden of proof than criminal cases. Many wrongful death cases succeed even when criminal charges were not filed.
How long does a wrongful death case take in Austin?▾
Typically 1–3 years depending on complexity. Cases with clear liability may settle in months. Contested cases involving trucking companies or hospitals often take 2–4 years.