Wrongful Death Claims in Texas | What You Should Know

If you lost a loved one due to another’s negligence, you may be able to pursue legal action. Continue reading and reach out to our firm today to speak with a Houston wrongful death lawyer. We are on your side.

How do wrongful death accidents occur?

Texas Civil Practice and Remedies Code § 71.002(a) states that an action for actual damages coming from an injury that resulted in the death of another can be brought in the event that liability lives under this area of state law. Under Texas Civil Practice and Remedies Code § 71.002(b), a person is responsible for injuries arising from an injury-causing an individual’s death if the injury was caused by that person’s wrongful act, neglect, carelessness, unskillfulness, or default.

There are a number of types of accidents or incidents that can result in a person’s death. Some of the most common types of wrongful death claims in Texas that our firm has seen include, but are not limited to the following:

  • Premises Liability
  • Slip and Fall
  • Workplace Accidents
  • Homicide
  • Auto Accidents
  • Commercial Truck Accidents
  • Motorcycle Accidents
  • Ride-share Accidents
  • Pedestrian Accidents
  • Distracted Driving Accidents
  • Head-On Collisions
  • Multiple-Vehicle Accidents
  • Hit and Run Accidents
  • Product Liability

If you have lost a loved one as a result of any of the above-mentioned accidents, it is in your best interest to reach out to our firm today to discuss the details of your case and your options. Our Houston personal injury attorneys are here when you need us most.

Who is eligible to file a wrongful death claim?

According to Texas Civil Practice and Remedies Code § 71.004(a), a wrongful death action is for the exclusive benefit of the following relatives of the deceased:

  • surviving spouse;
  • children; and
  • parents

This means that the surviving spouse, children, and parents of the deceased can bring the action or one or more of those individuals may bring the action on behalf of them. Additionally, Texas Civil Practice and Remedies Code § 71.004(c) states that if none of the individuals authorized to bring an action have started the action within three calendar months of the death of the injured individual, his or her executor or administrator can bring and prosecute the action unless asked not to by each of those individuals.

In the event that compensation is recovered, the damages that may be awarded to victims in these cases can include economic damages for calculable losses such as loss of income. In many instances, noneconomic damages are awarded for more subjective kinds of harm such as loss of consortium.


If you require legal representation for personal injury matters, look no further than The Gonzalez Law Group. Schedule your initial consultation with our team to learn more about our services and how we can assist you. Contact us today.