In plain English
  • A wrongful death claim compensates the surviving spouse, children and parents for their own losses (§71.004).
  • A survival claim lets the estate recover what the person who died could have claimed had they lived (§71.021).
  • Both generally must be filed within two years of the death (CPRC §16.003(b)).

Who can bring a wrongful death claim

Under §71.004, the claim is for the exclusive benefit of the deceased person's surviving spouse, children and parents. Adult children and the parents of adult children are included. Brothers and sisters, grandparents and other relatives aren't. One or more of those entitled may bring the claim for all of them.

If none of them files within three calendar months of the death, the executor or administrator of the estate must bring it, unless all of them ask that no action be brought.

Texas law also allows wrongful death claims for the death of an unborn child, with some limits.

What can be recovered

Wrongful death (family members)Survival (the estate)
Lost financial support and services the person would have providedThe person's pain and mental anguish before death
Loss of companionship and societyMedical expenses before death
Mental anguishFuneral and burial expenses
Loss of inheritanceLost earnings between injury and death

Exemplary damages may also be available in limited situations. See Chapter 41.

Deadlines

The two-year limitation period for a wrongful death claim starts on the date of death (§16.003(b)). A claim involving a government vehicle may also need written notice within six months or less. Use the deadline calculator.

More detail

For a fuller discussion of fatal truck crashes, see wrongful death claims after a Texas truck crash.