Death claim: who can ask for help?

Texas Wrongful Death Statute: Texas Civil Practice and Remedies Code §§ 71.001-71.012 governs wrongful death claims. Beneficiaries are limited to the surviving spouse, children (including adult children), and parents of the decedent. Siblings and other relatives have no standing. The action is brought for the exclusive benefit of these statutory beneficiaries. If no beneficiary files within three months of death, the personal representative of the estate may bring the claim.

Statute of Limitations: Texas imposes a two-year statute of limitations from the date of death under CPRC § 16.003(b). Texas also recognizes survival claims under CPRC § 71.021, which allows recovery of the decedent's own damages (including pre-death pain and suffering and lost earnings before death). The survival claim is part of the estate and must be brought by the personal representative within the same two-year period.

Recoverable Damages: Texas wrongful death damages include pecuniary losses (loss of financial contributions), loss of inheritance, loss of care, maintenance, services, advice, and counsel, as well as loss of companionship and society and mental anguish suffered by the beneficiaries. Texas is one of the few states that expressly allows punitive (exemplary) damages in wrongful death cases where the death results from gross negligence, fraud, or malice (CPRC § 41.003).

Venue and Procedural Notes: Texas state courts are the proper forum for wrongful death claims under the Texas statute. In mass tort or product liability cases, a federal MDL may govern liability discovery, but Texas wrongful death damages are determined under state law. Texas applies a modified comparative fault rule with a 51% bar—if the decedent was more than 50% at fault, no recovery is available. Each beneficiary's damages are assessed individually.