Published by Carabin Shaw – San Antonio Wrongful Death Attorney
Carabin Shaw is one of the leading personal injury law firms in Texas. They have extensive experience in accident cases that might have led to the loss of life. Focusing on securing the best possible compensation for clients.
Who Can File a Wrongful Death Claim in Texas
One of the most common questions I hear from grieving families is whether they have the legal standing to pursue a claim after losing a loved one. In Texas, the law is specific about who may bring a wrongful death action, and understanding these rules is the first step toward protecting your family’s rights. The statute is designed to ensure that those who suffered the most direct loss — spouses, children, and parents — have the ability to seek accountability from the party responsible for the death.
Who Has Legal Standing in Texas
Under the Texas Wrongful Death Act, only specific family members are authorized to file a claim. These are the surviving spouse, the children of the deceased — both biological and legally adopted — and the parents of the deceased. Siblings, grandchildren, and other extended family members do not have standing under the statute, regardless of how close their relationship was to the deceased. If none of the eligible family members file a claim within three months of the death, the executor or administrator of the estate may bring the action on behalf of the beneficiaries. Consulting with a San Antonio wrongful death attorney early ensures that the correct parties are identified and the claim is filed properly.
The Statute of Limitations
Texas law imposes a strict two-year statute of limitations on wrongful death claims. This means the lawsuit must be filed within two years of the date of death. Missing this deadline is almost always fatal to the case — courts will typically dismiss claims filed after the limitation period has expired, regardless of the merits. There are very limited exceptions, such as cases involving minors or fraudulent concealment of the cause of death, but these are narrow and difficult to establish. Acting promptly is not just advisable — it is essential.
Damages Available to Surviving Family Members
The damages recoverable in a Texas wrongful death case fall into two broad categories: economic and non-economic. Economic damages cover tangible financial losses such as the deceased’s expected future earnings, the value of household services they provided, and medical expenses incurred before death. Non-economic damages address the more personal losses — the mental anguish suffered by surviving family members, the loss of companionship and society, and the loss of parental guidance for surviving children. In cases involving particularly egregious conduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior in the future.
Survival Claims vs. Wrongful Death Claims
It is important to distinguish between a wrongful death claim and a survival claim, as both may be available following a fatal accident. A wrongful death claim compensates the surviving family members for their own losses. A survival claim, by contrast, is brought on behalf of the deceased’s estate and seeks compensation for the pain and suffering the deceased experienced between the time of the injury and the time of death, as well as any property damage or medical expenses. Both types of claims can often be pursued simultaneously, and doing so maximizes the total recovery available to the family.
The Role of Comparative Fault
Texas follows a modified comparative fault rule, which means that if the deceased is found to have been partially responsible for the accident that caused their death, the total damages awarded may be reduced proportionally. If the deceased is found to be more than fifty percent at fault, the surviving family members may be barred from recovering any damages at all. Insurance companies and defense attorneys will frequently attempt to assign blame to the deceased to reduce or eliminate their liability. A skilled legal team will aggressively counter these tactics by presenting evidence that clearly establishes the defendant’s primary responsibility.
Taking the First Step
The decision to pursue a legal claim after the loss of a loved one is deeply personal and often emotionally difficult. Many families worry about the cost and complexity of litigation. Most wrongful death attorneys, however, work on a contingency fee basis, meaning there are no upfront legal fees and the attorney is only paid if the case is successfully resolved. This arrangement ensures that every family, regardless of financial circumstances, has access to the legal representation they deserve.
If you have lost a family member due to another party’s negligence, do not wait to explore your legal options. The sooner an investigation begins, the stronger your case will be. Reach out for a free consultation to understand your rights and take the first step toward justice for your loved one.