Fatal motor vehicle injury accidents devastate Texas families every day. When someone loses their life due to another driver's negligence, surviving family members face overwhelming grief while dealing with mounting financial pressures. A Texas wrongful death lawyer can guide families through the legal process and help them pursue the compensation they deserve. Texas law recognizes certain family members' right to seek compensation through wrongful death lawsuits, but strict rules determine who can file these claims and when they must act.
Bailey & Galyen helps families navigate wrongful death claims during their most difficult times. With over 40 years of experience representing Texas families, we understand the legal complexities involved when fatal motor vehicle injury accidents take loved ones too soon.
Key Takeaways
- Only surviving spouses, children, and parents can file wrongful death claims in Texas
- You have two years from the date of death to file a lawsuit, with limited exceptions
- Adopted children and parents have the same rights as biological family members
- Siblings, grandparents, and other relatives cannot file wrongful death lawsuits
- If eligible family members don't file within three months, the estate's representative may act
Understanding Wrongful Death Under Texas Law
Texas defines wrongful death as a death caused by another person's "wrongful act, neglect, carelessness, unskillfulness, or default." Fatal motor vehicle injury accidents often result from negligent behaviors like speeding, running red lights, or driving while impaired. According to the Texas Department of Transportation, the state saw 4,150 traffic fatalities in 2024.
To establish wrongful death in a fatal motor vehicle accident, you must prove the driver acted unreasonably under the circumstances. This includes behaviors like texting while driving, following too closely, or ignoring traffic signals. The driver's breach of duty must have directly caused the accident that resulted in your loved one's death.
Who Has Legal Standing to File in Texas
Texas law specifically identifies who can recover compensation for wrongful death. The statute grants this right exclusively to the "surviving spouse, children, and parents of the deceased." Each party can file individually or join together in one lawsuit, and wrongful death in Texas follows these strict eligibility rules to determine who may bring a claim.
Surviving Spouses
Legal spouses have immediate standing to file wrongful death claims in Texas. This right extends to both traditional marriages and common-law marriages recognized under Texas law. Common-law spouses must prove their relationship met Texas requirements: agreeing to be married, living together as spouses, and presenting themselves as married to others.
Children of the Deceased
Both minor and adult children can file wrongful death claims for a parent's death. Texas law makes no distinction based on age. Legally adopted children have the same standing as biological children to file claims when adoptive parents die in fatal motor vehicle injury accidents. However, once formally adopted, these children cannot pursue claims for biological parents' deaths, and families must follow these rules to file a wrongful death lawsuit in Texas.
Parents Seeking Compensation
Parents who lose children in fatal crashes maintain the right to file wrongful death claims regardless of their child's age. This includes parents of adult children. Texas law extends these rights to adoptive parents when legally adopted children die due to someone's negligence.
Special Circumstances and Exclusions
When surviving spouses, children, and parents fail to file within three months of death, the estate's personal representative gains authority to act. This representative files on behalf of the estate unless all eligible family members specifically request otherwise, which is why you need a lawyer to guide the process and protect the family’s rights.
Texas wrongful death law specifically excludes many family members from filing claims. These limitations often surprise grieving families who expected broader recovery rights. The following family members are all excluded regardless of how close they were to the deceased:
- Siblings
- Grandparents
- Stepchildren without formal adoption
- Fiancés or romantic partners without legal marriage
- Extended family members including aunts, uncles, and cousins
These restrictions apply even when excluded individuals suffered significant financial or emotional losses from the death.
Time Limits for Filing Claims
Texas imposes a strict two-year statute of limitations for wrongful death claims. This deadline typically begins on the date of death, not the accident date if the victim survived temporarily. Missing this deadline generally bars all recovery.
Limited circumstances may extend the standard deadline. Minor children's claims don't begin until they turn 18. Fraudulent concealment of evidence by defendants may toll the limitations period. The discovery rule applies when families couldn't reasonably know negligence caused the death.
Damages Available in Wrongful Death Cases
Successful wrongful death claims recover both economic and non-economic damages. Economic damages include lost wages the deceased would have earned, medical expenses before death, funeral costs, and lost inheritance. These calculations often require expert testimony about earning capacity, and you can help your lawyer by gathering financial records, employment documents, and any evidence of future earning potential.
Non-economic damages compensate for mental anguish, loss of companionship, lost parental guidance, and destroyed family relationships. Texas also permits exemplary damages when defendants engaged in gross negligence or willful misconduct. Drunk driving that causes fatal motor vehicle injury accidents may justify these punitive awards.
FAQ for Who Can Sue for a Wrongful Death Lawsuit in Texas
Can grandparents file wrongful death claims if they raised the deceased?
Texas law doesn't permit grandparents to file wrongful death claims, even as primary caregivers. Only surviving spouses, children, and parents have standing. Grandparents who formally adopted their grandchildren gain parental rights, but informal custody doesn't create filing rights.
What happens if multiple family members want to file separate lawsuits?
Eligible family members can file separately or jointly, but only one wrongful death lawsuit can proceed per death. Courts typically consolidate multiple filings. Family members should coordinate to protect everyone's interests and maximize recovery potential.
Do we need to wait for criminal charges before filing a civil lawsuit?
No waiting period exists for civil wrongful death claims. These cases proceed independently from criminal prosecution. Different proof standards apply—civil cases require proving negligence by a preponderance of evidence, while criminal cases demand proof beyond reasonable doubt.
Protecting Your Family's Rights After a Fatal Accident
Fatal motor vehicle injury accidents leave families facing immediate financial pressures while grieving profound losses. Understanding who can file wrongful death claims and acting within legal deadlines protects your right to seek justice and compensation, which is why you need experienced legal guidance to navigate the process and protect your family’s future.
Texas law provides specific remedies for certain family members, but navigating these claims requires experienced legal guidance. Bailey & Galyen has helped Texas families through wrongful death claims for over 40 years. Contact Bailey & Galyen today for a confidential consultation about your wrongful death claim. Call 817-345-0580 to speak with our compassionate attorneys about protecting your family's rights.