Nobody is ready for the paperwork part of losing someone. Javier Perez Law represents families in wrongful death claims across Dallas, Fort Worth and the rest of Texas, in English and Spanish, and there is no cost to talk. Call +1 (214) 499-0667.
Texas creates two separate claims after a preventable death, with different owners and different damages. Families routinely file one and never learn the other existed.
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Table of contents
- Who can file a wrongful death claim in Texas?
- What is the difference between a wrongful death claim and a survival claim?
- What has to be proven, and how long does the family have?
- Which fatal accident claims do we take?
- Texas Wrongful Death Questions Families Ask
- The Hardest Call You Will Make This Month
Who can file a wrongful death claim in Texas?
Only three categories of people: the surviving spouse, the children, and the parents of the person who died. Chapter 71 of the Texas Civil Practice and Remedies Code says the action is for their exclusive benefit, and that word closes the list.
Siblings cannot bring a Texas wrongful death claim. Neither can grandparents, aunts, uncles, cousins, or an unmarried partner. This surprises almost every family that asks, and it is one of the first things worth confirming before anything else is decided.
Adopted children and adoptive parents are included. Any one of the eligible family members may file on behalf of all of them. And if none of them has filed within three calendar months of the death, the statute directs the executor or administrator of the estate to bring the action, unless all of the eligible family members ask them not to.
If you are unsure whether you are among the people entitled to file, ask before the three months pass. +1 (214) 499-0667.
What is the difference between a wrongful death claim and a survival claim?
One belongs to the family and one belongs to the estate. They are filed together in most cases, and they compensate for entirely different losses.
| Wrongful death claim | Survival claim | |
| Who owns it | Surviving spouse, children, parents | The estate of the person who died |
| What it covers | The family's own losses | The claim the person had while alive |
| Typical damages | Loss of companionship and society, mental anguish, lost financial support, loss of inheritance | Pain and mental anguish before death, medical bills incurred before death, funeral and burial expenses |
| Where the money goes | Directly to the family members | Through the estate, and it can be reached by estate creditors |
Funeral expenses belong to the survival claim, not the wrongful death claim. That detail gets misplaced constantly and it affects who actually receives the money. Understanding the distinction between these claims is important in cases a wrongful death attorney handles, particularly when determining which damages belong to the estate and which may be recovered by surviving family members.
What has to be proven, and how long does the family have?
That the death was caused by another's wrongful act, neglect, carelessness, unskillfulness, or default. That is the statutory language, and it reaches ordinary negligence, not just extreme conduct. In cases involving unsafe premises, proving property owner negligence can help establish that the owner's failure to exercise reasonable care contributed to the death.
The deadline is two years, and under Section 16.003 it runs from the date of death rather than the date of the injury. If someone is hurt in one month and dies three months later, the clock starts at the death.
Two exceptions matter. A minor child of the person who died generally has additional time. And a claim involving a city, county, or public agency requires written notice within six months, a far shorter window than families expect while they are still handling arrangements.
Where a death results from gross negligence or a willful act, Texas law allows a family to seek exemplary damages in addition to actual damages. Texas limits exemplary damages in most cases, certain criminal conduct including intoxication manslaughter removes that limit, and courts continue to address how those limits interact with the Texas Constitution. It is worth asking about early rather than assuming.
Which fatal accident claims do we take?
Preventable deaths caused by someone else's negligence, across the same practice areas we handle for injury claims.
Most of these cases begin as fatal car accidents, including collisions with commercial vehicles and drivers under the influence. We also represent families after construction site fatalities, workplace deaths, pedestrian deaths, and fatalities caused by unsafe property or defective products. Families may also seek legal guidance when a loved one was injured by a defective product that ultimately contributed to a fatal outcome.
What these have in common is that the evidence is controlled by someone else and it starts disappearing immediately. Vehicles go to salvage, job sites get cleaned and returned to production, and internal reports get written before any family member has spoken to a lawyer.
Texas Wrongful Death Questions Families Ask
My brother died and his children are minors. Who files?
The children are eligible, and a parent or guardian typically acts on their behalf. As a sibling you would not have a claim in your own right, though you could serve as executor and file under the three-month provision if the eligible family members have not.
We already got a settlement offer from an insurance company. Is that normal this fast?
It happens, and early offers arrive before anyone knows what the claim involves. Accepting one closes both claims permanently, usually before the investigation has even begun.
The person responsible is facing criminal charges. Do we have to wait?
No. The civil claim is separate and runs on its own two-year deadline, whatever happens in the criminal case. The two proceedings do interact, and coordinating them is part of the work.
What does it cost?
Nothing up front. These cases are handled on contingency, so there is no attorney fee unless we win the case.
The Hardest Call You Will Make This Month
You are not obligated to decide anything today. What is worth doing this week is finding out who in your family is entitled to act, and making sure the vehicle, the site, or the records still exist when someone is ready to look at them.
Javier Perez Law handles that part, in English or Spanish, at any hour. In your time of need, Javier Perez is on your side.
Call +1 (214) 499-0667. En español.