The Four Most Common Questions About Wrongful Death Lawsuits in Texas

 Posted on February 16, 2026 in Car Accident

Losing a loved one is painful, shocking, unfair – and these words only begin to describe it. When such a loss happens because of someone else's stupidity or recklessness, the tragedy is compounded by the fact that it should never have happened in the first place.

In 2026, wrongful death lawsuits provide a way for surviving family members to seek justice and financial compensation after a preventable death. If you’re wondering whether bringing a wrongful death claim makes sense for your situation, you probably have some questions. Our Collin County personal injury attorneys are here to give you answers.

When Can You File a Wrongful Death Claim in Texas?

A wrongful death claim can be filed when someone dies because of another person's or entity's negligence, carelessness, or intentional wrongful act. Many different situations can lead to a valid wrongful death lawsuit in Texas.

Common causes of wrongful death claims include:

• Car accidents caused by drunk driving, distracted driving, or reckless driving
• Truck accidents involving commercial vehicles
• Medical malpractice, including surgical errors, misdiagnosis, or medication mistakes
• Workplace accidents, including construction site injuries or industrial accidents
• Defective products that cause fatal injuries
• Nursing home abuse or neglect
• Pedestrian or bicycle accidents
• Property damage incidents that result in death
• Criminal acts, such as assault or murder

In each of these situations, the question is whether someone else's actions or failures caused the death. If the death could have been prevented if the responsible person had acted with reasonable care, a wrongful death claim may be appropriate.

Who Can File a Wrongful Death Lawsuit in Texas?

Texas law is very specific about who has the legal right to file a wrongful death lawsuit. Under Texas Civil Practice and Remedies Code Section 71.004, only certain family members can bring a wrongful death claim:

• The surviving spouse of the deceased person
• The children of the deceased person, including adult children
• The parents of the deceased person

These family members can file the lawsuit individually or together. If these family members do not file a wrongful death lawsuit within three months of the death, the executor or personal representative of the deceased person's estate can file the claim on behalf of the family. However, any compensation awarded still goes to the surviving spouse, children, and parents under Texas law.

What Damages Can You Recover in a Texas Wrongful Death Case?

Wrongful death lawsuits in Texas allow surviving family members to recover both economic and non-economic damages. These damages are meant to compensate the family for their losses and help them move forward after losing a loved one.

Economic Damages

Economic damages cover the financial losses that result from the death. These are concrete costs that can be calculated based on bills, income records, and other financial documents. Examples of economic damages include:

• Medical expenses incurred before the person's death
• Funeral and burial costs
• Loss of the deceased person's expected future income and benefits
• Loss of household services the deceased person provided

Non-Economic Damages

Non-economic damages address the emotional and personal losses that cannot be easily assigned a dollar value. Texas law recognizes that losing a family member creates suffering that goes beyond financial hardship. While no amount of money can replace a loved one, compensation can help families maintain financial stability during a time of crisis. Non-economic damages can include:

• Loss of companionship and emotional support
• Loss of care, guidance, and protection
• Mental anguish and emotional pain
• Loss of the relationship with the deceased person

How Long Do You Have to File a Wrongful Death Lawsuit in Texas?

Texas law sets strict time limits for filing wrongful death lawsuits. You must file a wrongful death claim within two years from the date of death. This is called the "statute of limitations."

If you wait longer than two years to file your lawsuit, the court will almost certainly dismiss your case, and you will lose your right to seek compensation. This two-year deadline applies even if you are still grieving or don’t yet entirely know why your loved one died.

There are very few exceptions to this rule. In some cases involving government entities or medical malpractice, different deadlines or additional notice requirements may apply. If you are considering filing a wrongful death lawsuit in 2026, it is important to act quickly to protect your legal rights.

Call a Plano, TX Personal Injury Lawyer Today

No lawsuit can bring back the person you lost. But a wrongful death claim can provide financial security for your family and hold the responsible party accountable. If you have lost a family member in a car or truck accident and someone else is responsible, you deserve compassionate legal support to help you pursue justice.

At Burress Injury Law, we offer free consultations to those dealing with wrongful death cases. We have helped many families through some of the toughest parts of their lives, and we are here to help you, too. Call Burress Injury Law at 214-726-0016 today to speak with one of our Collin County, TX personal injury attorneys.

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