How to File a Wrongful Death Lawsuit in Texas

A Wrongful Death Claim and a Lawsuit Are Not the Same

People often use “claim” and “lawsuit” interchangeably. A claim may begin with an investigation and communications with an insurance company. A lawsuit formally begins when a petition is filed in court, and the defendants are served.

A case does not always need to be filed at once. But settlement talks do not protect the filing deadline. Filing may also be the only practical way to get company records, question witnesses under oath, and require formal answers.

The Texas Wrongful Death Lawsuit Process

• Identify every eligible family member. Texas limits who can file a wrongful death claim to the surviving spouse, children, and parents. They may file together. One may also file for all. If none files within three months, the executor or administrator generally must bring the case unless all eligible family members ask otherwise. That rule appears in Texas Civil Practice and Remedies Code §71.004.
• Check for a survival claim. Wrongful death damages address the family’s losses. A separate Texas survival action belongs to the estate and addresses what the deceased person experienced before death. The two claims are often filed together, but the correct plaintiffs and damages are different.
• Preserve evidence before it disappears. We may send preservation notices, inspect vehicles or equipment, obtain video, identify witnesses, and secure electronic records. The police report is a starting point, not the final word. Our guide to proving wrongful death in Houston explains the evidence that can matter.
• Look beyond the person who made the final mistake. That person may not be the only defendant. An employer, contractor, vehicle owner, repair company, property owner, product maker, or other business may also share fault.
• Find every source of insurance and recovery. I do not stop after finding the first insurance policy. Contracts, ownership records, work ties, and excess policies may reveal other coverage. That work can change the practical value of the case.
• Choose the proper court and county. Venue is not always limited to the family’s home or the place of death. The correct court can depend on where the events happened, where a defendant lived, a company’s principal office, and special jurisdiction or venue rules. Texas venue law should be applied to the facts before filing.
• Prepare and file the original petition. The petition identifies the parties, explains the facts and legal claims, and states the relief being requested. It may also request a jury trial. A strong petition is clear enough to frame the case without revealing every part of the trial strategy.
• Issue citation and serve every defendant. After filing, the clerk issues a citation upon request. The plaintiff must have the citation and petition properly served under Texas Rule of Civil Procedure 99. Filing alone may not save a claim if service is not pursued. The Texas Supreme Court has explained the importance of timely service.
• Build the case through discovery and expert work. The parties exchange written questions and documents. Witnesses and company representatives may be questioned under oath. Experts may analyze the event, financial losses, medical issues, or industry safety rules. A strong case explains both why the death happened and what the family lost.
• Negotiate from evidence and prepare for trial. Many cases settle through direct negotiation or mediation. Filing a lawsuit does not mean a trial is certain. Still, the best settlement position usually comes from preparing the evidence, experts, and witnesses as though a jury may hear the case.
• Finish the case carefully. A settlement or judgment may still require work involving liens, estate matters, court approval for a minor, or division of the recovery among beneficiaries. Those issues should be planned for before the settlement papers are signed.

What four decades of wrongful death practice have taught me: A wrongful death case has two stories. We must prove how the death happened and who is responsible, and we must show the full human loss to each family member.