Texas Legal Glossary · Personal Injury

Wrongful Death

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: Wrongful death is a civil claim under Chapter 71 of the Texas Civil Practice and Remedies Code that lets a surviving spouse, children, and parents recover their own losses when someone dies from another’s wrongful act or neglect. It must be filed within two years.

Also called: wrongful death claim, Chapter 71 claim

What wrongful death means in Texas

Wrongful death is a statutory claim, not a common law one. Section 71.002 of the Civil Practice and Remedies Code makes a person liable for damages when their wrongful act, neglect, carelessness, unskillfulness, or default causes another person’s death. The test for fault is the same as in an ordinary negligence case; what changes is who can sue and what they recover.

Section 71.004 limits the claim to the surviving spouse, children, and parents of the deceased. Siblings, grandparents, and unmarried partners cannot bring it, no matter how close the relationship. Adult children and adoptive relationships count. If none of the beneficiaries files within three months of the death, the executor or administrator of the estate may bring the claim on their behalf unless they ask otherwise.

How it works in practice

The wrongful death claim belongs to the family and compensates their losses, not the decedent’s. Recoverable damages include lost financial support and services the deceased would have provided, loss of companionship and society, the family members’ own mental anguish, and loss of inheritance. The jury apportions the award among the beneficiaries under § 71.010. When the death results from a willful act or gross negligence, exemplary damages are available, a right the Texas Constitution itself preserves in Article XVI, § 26.

A wrongful death claim is almost always filed alongside a survival action, which is the deceased person’s own claim for pre-death pain, medical bills, and funeral expenses carried on by the estate. Both are subject to the two-year statute of limitations in § 16.003(b), which runs from the date of death.

Why it matters in your case

The beneficiary list decides everything. A fiancee who lived with the deceased for ten years has no claim; an estranged parent does. Families sometimes learn this only after a death, and the resulting disputes over who shares in the recovery are real. Insurance limits also matter more than usual, because a death claim often exceeds a minimum 30/60/25 Texas policy many times over, which puts the search for other coverage and other responsible parties at the center of the case.

Example

Elena’s husband is killed when a distracted commercial driver crosses the center line on FM 1431 in Williamson County. Elena and their two children bring a wrongful death claim for lost support, companionship, and mental anguish. The estate separately brings a survival action for his hospital bills and the pain he experienced before he died. Both claims are filed in Williamson County within two years of the crash.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.