Houston Wrongful Death Lawyer

What Is a Texas Wrongful-Death Action?

A wrongful-death action is a civil claim that may be available when a person dies because of another person’s wrongful act, neglect, carelessness, unskillfulness, or default. It is separate from a criminal case. A criminal case addresses whether the government will pursue criminal charges; a civil wrongful-death action addresses whether eligible family members may seek damages under Texas law.

Whether a wrongful-death action is available depends on the facts, the evidence, and the applicable law. A Texas-licensed attorney should review the situation before a lawsuit is filed.

Who May Bring a Wrongful-Death Action in Texas?

Under Texas law, the surviving spouse, children, and parents of the person who died may bring a wrongful-death action. Any one of those eligible family members may file the action for the benefit of all eligible family members.

If none of those family members files within three calendar months after the death, the personal representative or executor of the estate must file the action unless the eligible family members ask the representative not to do so. Whether a claim is available and who should bring it depend on the facts, so a Texas-licensed attorney should review the situation before a lawsuit is filed.

Read the Texas wrongful-death statute.

When Might a Wrongful-Death Action Be Considered?

A wrongful-death action may be considered when a death results from another person’s wrongful act, neglect, carelessness, unskillfulness, or default. Fatal incidents can arise in many settings, depending on the facts.

• A fatal car crash
• A truck collision
• A pedestrian collision
• A dangerous-property incident, including a premises-liability claim
• A defective product or another negligent act

The fatal incident itself and the family’s potential wrongful-death claim are related but different issues. This page focuses on the family and estate questions that may follow a death. The linked practice pages provide information about the underlying incident.

Is a Wrongful-Death Action the Same as a Criminal Case?

No. A wrongful-death action is a civil claim. In some situations, the same incident may also lead to a criminal investigation or criminal charges. The civil claim and any criminal matter are separate processes with different purposes and rules.

A civil wrongful-death action can be considered even when a criminal case is pending, but the facts and timing should be reviewed with a Texas-licensed attorney.

What Losses May Be Considered in a Wrongful-Death Action?

Texas law may allow eligible family members to seek damages connected to the losses they have suffered because of the death. The available categories and evidence depend on the facts of the case.

• Lost earning capacity and financial support
• Loss of care, maintenance, services, support, advice, counsel, and contributions of a pecuniary value
• Loss of love, companionship, comfort, and society
• Mental anguish suffered by eligible family members
• Loss of inheritance

These categories do not guarantee a recovery. The facts, available evidence, and applicable law must be reviewed in the individual case.

Can Exemplary Damages Be Considered?

In limited circumstances, Texas law may permit exemplary damages. Whether those damages may be sought depends on the facts and the legal standard that applies. A Texas-licensed attorney should review the circumstances before making a claim for exemplary damages.

Time Limits for a Wrongful-Death Claim

Texas law generally provides a two-year limitations period for a wrongful-death claim. The date that applies and whether an exception or another deadline may affect a claim can depend on the facts. It is important to ask a Texas-licensed attorney about timing as soon as reasonably possible.

Read the Texas limitations statute.

Discussing a Wrongful-Death Matter With Stano Law Firm

A consultation can help a family identify the questions they have, the documents or information they may want to gather, and the differences between a potential wrongful-death action and a survival action. The appropriate next steps depend on the circumstances of the death and the available information.

Stano Law Firm can explain the process, answer questions about the information provided, and discuss whether further review may be appropriate. No outcome can be promised, and each matter is different.

What Is a Survival Action?

A wrongful-death action addresses losses suffered by eligible family members because of the death. A survival action is different: it is brought on behalf of the estate and may seek damages the person who died could have pursued if they had lived.

The facts, available claims, and the appropriate representative should be reviewed with a Texas-licensed attorney.

Talk With Stano Law Firm About a Wrongful-Death Matter

If your family has lost a loved one and you have questions about a possible wrongful-death or survival action, contact Stano Law Firm to discuss the circumstances and next steps that may be available. Call 832-777-0390 or request a consultation online.

Frequently Asked Questions About Wrongful-Death Claims in Texas

Who may bring a wrongful-death action in Texas?

The surviving spouse, children, and parents of the person who died may bring a wrongful-death action. Any one of those eligible family members may file for the benefit of all eligible family members.

What happens if no eligible family member files within three months?

If no eligible family member files within three calendar months after the death, the personal representative or executor of the estate must file unless the eligible family members ask the representative not to do so.

What is the difference between wrongful death and a survival action?

A wrongful-death action addresses losses suffered by eligible family members because of the death. A survival action is brought on behalf of the estate and may seek damages the person who died could have pursued if they had lived.

Can a wrongful-death action follow a fatal car crash?

Possibly. A fatal car crash may raise questions about both the collision and a family’s potential wrongful-death or survival claim. Our fatal car accident page explains the collision-specific issues that may need review.

How soon should a family ask about timing?

Texas law generally provides a two-year limitations period for a wrongful-death claim, but timing can depend on the facts and applicable law. A Texas-licensed attorney should review timing as soon as reasonably possible.