Texas law sets clear rules about who can file a wrongful death lawsuit. Usually, only close family members, called statutory beneficiaries, can file the claim against the person responsible. If a loved one dies because of someone else’s negligence, you may be able to get money for the emotional and financial harm to your family.
Criteria for Who Can File a Texas Wrongful Death Lawsuit
Under Texas Civil Practice and Remedies Code 71, close family members such as a spouse, children, or parents may file a wrongful death lawsuit. Extended family, unmarried partners, and friends are not allowed to file, even if they were close to the person. The law limits filing to immediate family to avoid multiple lawsuits from one death.
Legal and Common-Law Marriages
Legally married spouses, including common-law spouses, can file a wrongful death lawsuit in Texas. Legal spouses are covered under Texas law § 71.004. Common-law spouses must meet three requirements under Texas Family Code § 2.401 to qualify:
- The couple agreed to be married.
- After making the agreement, they lived in Texas together as spouses.
- They represented to others that they were married.
Proving a common-law marriage needs strong proof. A case may be dismissed if there is not enough proof. Helpful proof includes joint tax returns, joint bank accounts, and insurance papers that list both people as spouses. A wrongful death lawyer can also use lease papers and witness statements to show the couple acted like they were married.
Separated Spouses and Pending Divorces
Texas law does not recognize legal separation. This means you are either married or divorced in the eyes of the law. Until a divorce is final, the marriage is still legally valid, even if spouses are separated or living apart.
You can still file a wrongful death lawsuit, but the other side may argue that separation should reduce damages. They may try to lower claims for emotional harm, including loss of companionship and mental suffering.
Minor and Adult Surviving Children
Texas does not set an age limit for a child to file a wrongful death claim. Minor children usually have a parent or guardian file for them, and the court may appoint a guardian ad litem to protect their interests.
Adult children can also file a claim for a parent’s death. They do not need to be financially dependent. Their claims focus on emotional harm like loss of companionship, guidance, and mental suffering.
Adopted Children and Stepchildren
Legally adopted children have the same rights as biological children under Texas law once the adoption is final. This means they can file a wrongful death claim for their adoptive parent. After adoption, they usually cannot file a claim for their biological parent.
Stepchildren usually cannot file a claim unless they are legally adopted. Even if they were supported emotionally or financially, the law does not allow unadopted stepchildren to file under the Texas Wrongful Death Act.
Paternity Requirements for Children Born to Unmarried Parents
If a child is born to unmarried parents, they must prove legal paternity to file a wrongful death claim. Under Texas Family Code Chapter 160, paternity can be shown in three ways:
- Acknowledgment of Paternity (AOP): A legal form filed with the Texas Vital Statistics Unit signed by both parents before the wrongful death occurred.
- DNA Testing: If there is no AOP, a DNA test must show at least a 99% chance of paternity.
- Proof of Co-Residency: If neither document is available, proof that the father lived with the child in the first two years of life and acted as the father to others may be used.
Proving paternity is more difficult in these cases, but those who can prove it may still have the legal right to file a wrongful death claim.
Surviving Biological and Adoptive Parents
Both biological and adoptive parents can file a wrongful death claim for a child. This right applies whether the child was a minor or an adult at the time of death. Parents may seek damages for emotional pain, mental suffering, and loss of the relationship, even if the adult child had a spouse or children.
Stepparents who did not legally adopt the child, and biological parents who gave up parental rights through adoption, usually cannot file a wrongful death claim.
Who Cannot File a Wrongful Death Lawsuit in Texas
People who are not immediate family usually cannot file a wrongful death lawsuit. This is true even if they depended on the person who died for housing, medical care, or emotional support. This includes siblings, grandparents, aunts, uncles, cousins, step-relatives who are not adopted, and unmarried partners who are not common-law spouses.
People who are not immediate family usually cannot file a wrongful death lawsuit, even if they depended on the person who died for housing, medical care, or emotional support.
Timeline for Filing a Wrongful Death Lawsuit
Immediate family members who can file a wrongful death lawsuit must act quickly. Under Texas Civil Practice and Remedies Code § 71.004(c), if a spouse, child, or parent does not file within three months of the death, the personal representative of the estate may file instead. An attorney can help explain the exact deadlines for your case.
If there is no will, a Harris County probate court may appoint an executor or administrator. This person can file after 90 days. They act for the spouse, children, and parents, and any recovery goes directly to them, not to estate debts.
The law also allows eligible family members to stop the case, but only if all agree. If even one person wants to move forward, the lawsuit can still be filed.
Two-Year Filing Deadline
Under Texas Civil Practice and Remedies Code § 16.003(b), a wrongful death lawsuit must be filed within two years of the date of death. This deadline is different from personal injury cases, which are based on the date the injury happened. Some exceptions may apply:
- Minor beneficiaries: If a child is a minor when a parent dies, a parent or guardian may file form them. If not filed, the time limit may be paused until the child turns 18.
- Discovery rule: If the cause of death is not known right away, the time limit may start when the family knew or should have known about negligence.
- Fraudulent concealment: If the responsible party hides evidence or their actions, the time limit may be paused until the fraud is discovered.
Typically, the sooner you get started on your case, the better. Your legal team will have more time to build your case and fresher evidence to pull from.
Dividing Damages Among Multiple Claimants
When a wrongful death lawsuit is successful, the money is not split evenly between family members. Each person’s share depends on their own losses and their relationship to the person who died, including financial dependence.
In a settlement, all eligible family members must agree on how to divide the money. If they cannot agree, a probate judge decides how to split it, especially when minor children are involved.
Filing in Local Houston Area Court Systems
A Houston-based wrongful death case will typically be filed in one of the following three courts:
- Harris County Civil District Courts
- United States District Court for the Southern District of Texas (Houston Division)
- Harris County Probate Courts
Each court has different rules, deadlines, and procedures. Choosing the correct venue is an important step that can directly affect how your case is handled and its overall outcome.
Filing a Wrongful Death Claim in Houston and Harris County
Pursuing a wrongful death case in the Houston area can be complex. Working with a lawyer in Harris County who knows the local courts and high-risk industries can affect the outcome of your case. At Dax F. Garza P.C., we build cases to respond to defense strategies common in industrial, maritime, and transportation cases.
