Filing a Wrongful Death Case in Texas

Bringing a Wrongful Death Lawsuit in Texas

The Law in Texas

Texas Statute Section 71.002 states that if “neglect, a wrongful act, unskillfulness, carelessness, or default” by one party causes the death of another, a wrongful death claim if:

Further, Sec. 71.002 explains the Cause of Action as:

If liability exists under this section, a person is liable for damages arising from any injury that causes an individual’s death…[and] was caused by the person, his agent’s or servant’s wrongful act…[or] the injury was caused by an unsafe or harmful condition [of a utility or] machinery under the person’s control or operation.

The Process: Who May File a Texas Wrongful Death Claim?

Texas Wrongful Death Claim Law clearly defines who may file a claim as follows:

• The surviving spouse, children, and parents of the deceased–may file the claim individually or as a group.
  • If none of the above file a wrongful death claim within ninety days of the death, the deceased person’s representative or Executor of the Deceased’s Estate may file the claim.
  • A surviving family member may specifically request that the claim not be filed.
  • Under particular circumstances, if the act or omission occurred in another state or a foreign country, it may still be possible to file a wrongful death claim in Texas.
• If a child was legally and fully adopted, they could file a wrongful death claim for the death of an adoptive parent.
• Adoptive parents are eligible to file a wrongful death claim on their adopted child.
• An adopted child may not file a wrongful death claim for the loss of a biological parent.
• Survivor siblings may not file a wrongful death claim for losing a biological or adopted sibling.

Where is a Wrongful Death Lawsuit Filed?

The venue for filing a wrongful death case in Texas generally is in one of two places. Either the county in which the accident occurred that caused the death or where the defendant resides.