Who Can File a Wrongful Death Claim in Texas? Guide

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Last Modified on Aug 08, 2026

Losing a loved one is already a hard experience for a family, but it can be even more devastating when their life is lost because of someone else’s carelessness. Beyond the emotional toll, surviving relatives often face unexpected financial burdens, medical bills, funeral costs, and the loss of household income. Knowing who can file a wrongful death claim in Texas in this situation can be the first step toward getting justice and accountability.

While no amount of money can replace a loved one or fill a void, Texas wrongful death laws are designed to protect families by allowing certain individuals to seek compensation when a death results from negligence, recklessness, or intentional harm, a Texas wrongful death attorney from Stevenson & Murray can help Lone Star State families understand who has the legal right to file and how the process works, so they can make informed decisions during a difficult time.

Texas Wrongful Death Statistics and Trends

It’s common for families to initiate wrongful death cases when they lose a loved one to any of the following fatal situations:

Texas’s Department of State Health Services reported that the state saw 227,025 deaths in 2023. After heart diseases and malignant neoplasms, unintentional injuries were the third-most common cause of death. That year saw 14,741 Texans die of unintentional injuries.

Motor vehicle crashes are commonly a significant source of unintentional injuries. The year 2023 also saw 4,283 car accident fatalities in Texas. Many of these deaths involved wrongdoing on the part of a driver, such as distracted driving and impaired driving. If you lose a loved one because somebody else chose to get behind the wheel of their car while they were drunk, texting, or not fully focused, you have every right to hold them accountable for such negligence.

Who Qualifies to File a Wrongful Death Claim

State data show that Texas courts, such as the Harris County District Court on 49 San Jacinto Street in Houston, saw greater volumes of certain cases filed in Fiscal Year 2024. A closer look reveals the following:

  • There was a 16% increase in filings for injury or damage involving a motor vehicle.
  • There was a 12% increase in filings for injury or damage involving product liability, malpractice, or other harm.
  • These increases came out to 61,998 case filings of injury or damage involving motor vehicles, and 17,016 filings for injury or damage involving harm from something other than motor vehicles.

The wrongful death laws outlined give the ability to file such wrongful death cases to a deceased person’s immediate family members. In general, this refers to their spouse, biological and legally adopted children, and parents.

Hire a Wrongful Death Lawyer

Navigating a wrongful death case requires legal experience and sensitivity. Families often benefit from working with a Texas wrongful death attorney who understands local courts, procedural deadlines, and evidentiary requirements. When you hire a wrongful death lawyer, you gain an advocate who can investigate the incident, gather professional testimony, and pursue fair compensation while you focus on healing.

Proving liability involves demonstrating that the defendant’s actions directly caused the death and that, as a result, surviving family members suffered measurable losses. Attorneys typically rely on:

  • Accident reports and witness statements
  • Medical records
  • Financial documentation showing lost income or support
  • Evidence of negligence, such as safety violations or reckless behavior

Strong evidence and analysis are critical to building a persuasive case under Texas wrongful death laws.

Why Choose Stevenson & Murray

Our firm has represented Texas families impacted by accidents and unintentional injuries and deaths for years. We do so by combining legal experience with compassion, guiding clients through complex litigation while respecting their emotional needs.

Stevenson & Murray focuses on complex injury cases. Our attorneys rely on extensive industry knowledge to help loved ones across the nation get the compensation they need to move forward after a serious accident takes the life of their loved one and causes them emotional and financial grief. We’re committed to transparency, professionalism, and advocacy that honors the memory of those lost.

FAQs

What Are the Odds of Succeeding in a Texas Wrongful Death Case?

The odds of succeeding in a Texas wrongful death case depend on how strong your evidence is, how credible your witnesses are, and how effective your legal representation is. Cases supported by clear proof of negligence and professional testimony have higher chances of favorable outcomes. Each situation is unique, and results vary based on the facts and the court’s interpretation of Texas wrongful death laws.

How Long Do You Have to File a Wrongful Death Claim in Texas?

Under Texas Civil Practice and Remedies Code §16.003, you generally have two years from the date your loved one died to file a wrongful death claim. There may be some exceptions to the rule if the defendant concealed evidence or if the person filing the claim was a minor at the time of death. If you miss this deadline, you may lose the right to go after compensation.

What Is the Typical Payout for a Texas Wrongful Death Claim?

There’s not one typical payout for a Texas wrongful death claim, as amounts can vary based on medical costs, lost income, and emotional suffering. Economic damages include losses you can measure, like finances, while non‑economic damages address grief and companionship loss. Severe negligence or intentional harm may justify punitive damages. Each case’s value depends on evidence and the specific circumstances surrounding the death.

How Long Does It Take to File a Wrongful Death Claim in Texas?

How long it takes to file a wrongful death claim in Texas can depend on several factors, including how quickly evidence can be gathered, how complex the case is, and whether multiple parties are involved. Most wrongful death claims take several months to years to file and resolve, depending on complexity and court schedules. Early consultation with an attorney can help preserve evidence and streamline the process for a timely and effective claim.

Take the Next Step Toward Justice Today

Filing a wrongful death claim isn’t just about compensation. It’s about accountability and closure. If you’ve lost a loved one and need guidance, reach out to Stevenson & Murray today to speak with a wrongful death lawyer who can help you take the next step toward recovery.

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