Lost a Family Member in Dallas?
Texas law is strict about who may bring a wrongful death claim and broad about what that claim can cover. Most families learn both facts at the worst possible moment, days after losing someone to another party’s carelessness.
A Dallas wrongful death lawyer handles the legal side so a grieving family does not have to decode statutes while they are planning a funeral.
This page explains the rules in plain terms. Who can file, what two separate claims usually exist, what the losses include, and how long a family has to act. The goal is to give you a clear picture before you decide anything.
When you are ready to talk, call (512) 254-4424 for a free consultation. There is no obligation, and you pay nothing unless the case is won.
Our Dallas Wrongful Death Lawyer
He is a Lifetime Member of Best Attorneys of America, was named to the Top 100 Civil Plaintiff Attorneys by The National Trial Lawyers, and is admitted to the State Bar of Texas.
Read Matthew Kotzen’s full profile →“I spent years building cases for insurance companies. Now I use that same playbook to make sure they pay what they actually owe.”
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Texas Injury Law at a Glance
| Deadline to file a lawsuit | Two years from the date of death. Tex. Civ. Prac. & Rem. Code § 16.003 |
| Who can bring a wrongful death claim | The surviving spouse, children, or parents of the person who died. Tex. Civ. Prac. & Rem. Code § 71.004 |
| Survival claim | Brought by the estate for what the person suffered between injury and death. § 71.021 |
| Punitive (exemplary) damages | Available only on clear and convincing evidence of gross negligence, malice, or fraud. Tex. Civ. Prac. & Rem. Code § 41.003 |
Who Can File Under Texas Law
Texas limits who may bring a wrongful death claim to a specific group of family members. The rules come from Chapter 71 of the Civil Practice and Remedies Code, and they do not always match what families expect. Knowing where you stand is the first step, because filing by the wrong person can create problems later.
Goldberg & Loren sorts out standing at the start of every case. Confirming who has the right to file protects the claim and prevents disputes among future disputes among grieving family members down the road.
Spouses, Children, and Parents Come First and Last
Texas law reserves the wrongful death claim for three groups: the surviving spouse, the children, and the parents of the person who died. That list is exclusive. Siblings cannot file, and neither can more distant relatives or close friends, no matter how much they cared for the deceased.
Any one of the eligible family members can file the claim on behalf of them all.
The exclusion of siblings surprises many families. A brother or sister who was closest to the person who died often assumes they can bring the claim, and learning otherwise is painful at an already hard time. The rule is not a judgment about who grieved most.
It simply reflects the categories Texas chose, and understanding it early prevents a well-meaning relative from filing a claim the law does not allow them to bring.
The Three Month Window Before the Estate’s Executor Steps In
The eligible family members have the first right to file, but that right is not open-ended. If none of them files within three calendar months of the death, the executor or administrator of the estate must bring the claim, unless all the beneficiaries ask them not to. The rule keeps a valid claim from stalling when a family is overwhelmed.
It also means the calendar is running from the day of the loss.
In practice, most families do not wait for the executor step, because a spouse, parent, or adult child files first. The provision exists for the harder situations, where grief, distance, or disagreement leaves no one ready to act. Knowing the executor can step in offers some reassurance that the claim will not simply lapse.
It is a safeguard, not a step most families need to worry about.
Adopted Children, Common Law Spouses, and the Gray Areas
Some family situations need closer analysis. Legally adopted children have the same rights as biological children under the statute. A common-law spouse can qualify, but only if the marriage can be proven under Texas standards, which sometimes becomes its own legal dispute inside the wrongful death case.
These gray areas are where careful legal work matters most, because eligibility to file can turn on facts that need to be established with evidence.
Divorced and blended families raise their own questions. A biological parent who was absent for years still generally qualifies, which can be difficult for the rest of the family to accept. A stepchild who was never legally adopted, on the other hand, usually does not qualify no matter how close the bond.
Sorting these relationships out with care, and with the documents that prove them, keeps the claim on solid footing.
Wrongful Death or Survival Action, and Why Both Get Filed
A fatal injury usually gives rise to two separate legal claims, not one. The wrongful death claim belongs to the family, while the survival claim belongs to the estate. They compensate different losses, and filing both is how a family recovers the full measure of what happened.
Our firm pursues both claims together so nothing recoverable is left behind. Treating them as one, or forgetting the survival claim, can leave real compensation unclaimed.
The Family’s Losses Versus What the Estate Recovers
The wrongful death claim compensates the family for what they lost, including financial support, companionship, and guidance. The survival claim compensates the estate for what the deceased person suffered before death and for certain final expenses. One looks at the family’s future without their loved one.
The other looks back at what the person endured, and the money it recovers passes through the estate to the heirs.
Keeping the two straight matters for how a recovery is divided. Money from the wrongful death claim goes to the family members the statute names, in proportions a court can adjust. Money from the survival claim becomes part of the estate and passes according to a will or the laws of inheritance.
The distinction rarely concerns a family at first, but it shapes who ultimately receives what, and it is worth getting right from the start.
Pain the Person Felt Before Death Belongs to the Survival Claim
When a person survives an injury for a period before dying, the law recognizes what they went through. The conscious pain and suffering they experienced in that time is recoverable through the survival claim, under Section 71.021. So are their medical bills from the final injury and their funeral expenses.
This claim gives voice to the harm the person themselves suffered, separate from the family’s loss.
Whether the survival claim is large depends on the circumstances of the death. A person who died instantly may have a smaller survival claim, while someone who survived for days in pain before passing may have a substantial one. Medical records and testimony establish what the person experienced in that period.
It is a difficult subject for a family, and it is handled with care rather than treated as a routine line item on a spreadsheet.
How the Two Claims Move Through Dallas County Courts Together
The two claims are typically filed and litigated together in the same lawsuit, often in the civil courts at the George L. Allen Sr. Courts Building in downtown Dallas. Combining them is more efficient and keeps the full story in front of one judge and jury.
It also requires care, because the claims have different beneficiaries and the recovery gets divided accordingly. Coordinating them correctly is part of the attorney’s job.
When a case settles, the allocation between the claims and among the family members has to be handled thoughtfully, and sometimes approved by the court. A surviving spouse, minor children, and parents may each have a share, and the division should reflect the loss each one suffered.
Handled well, this step avoids conflict within a family that is already grieving. It is one more reason to have someone experienced managing the process rather than leaving it to chance.
The Fatal Crashes and Failures Behind These Claims
Wrongful death claims arise whenever someone dies because another party failed a legal duty. In and around Dallas, certain causes recur, from highway collisions to workplace failures. The cause shapes who is responsible and where the evidence lies.
Understanding how the death happened is the foundation of the claim, and it often reveals more than one party at fault.
Highway Wrecks on I-35E, I-30, and the Roads in Between
Fatal traffic crashes are a leading source of these claims. The high-speed corridors around Dallas, including I-35E and I-30, produce collisions that people do not survive.
TxDOT records show a person dies on a Texas road roughly every two hours, and the state has not passed a single day without a traffic death since November 7, 2000, according to state crash data. Behind each of those numbers is a family working through a claim like yours.
Fatal crashes often involve more than a single careless driver. A commercial truck, a defective vehicle part, or a poorly maintained road can each contribute to a death on the highway. Determining every cause takes the same investigation a serious injury case requires, applied to a loss that cannot be undone.
That work matters because it identifies everyone every party whose responsibility belongs inside the family’s claim.
Workplace Falls, Trench Collapses, and Third Party Claims
Fatal workplace accidents are another common cause, particularly falls, equipment failures, and trench collapses in construction. Workers compensation may cover some losses, but a separate claim against a negligent third party, such as an equipment maker or a subcontractor, can often be pursued alongside it.
Identifying that third party is where a full recovery frequently comes from. These cases require looking past the employer to everyone whose choices contributed.
The distinction carries real weight for a grieving family. Workers compensation may provide limited death benefits, but it usually bars a claim against the employer itself. A separate lawsuit against a negligent equipment manufacturer, a property owner, or a subcontractor is not subject to that bar and can recover far more.
Finding that third party is often the only path to full accountability for a preventable workplace death.
When a Drunk Driver’s Bar Shares Liability Under the Dram Shop Act
When a drunk driver causes a fatal crash, the driver is not always the only one responsible. The Texas Dram Shop Act allows a claim against a bar or restaurant that over-served a visibly intoxicated person who then killed someone on the road.
Proving the establishment continued serving an obviously drunk patron opens an additional source of accountability and recovery. It is a claim that many grieving Texas families never even know exists in state law.
How We Value What Your Family Lost
Placing a value on a life is an impossible task that the legal system nonetheless has to attempt. Texas law breaks the loss into categories, some measurable and some deeply personal. A thorough claim documents each one rather than reducing a person to a single number.
Our team approaches this valuation with the seriousness it deserves, accounting for both the financial and the human losses a family carries forward.
Lost Income, Household Support, and the Years That Were Taken
The measurable losses start with the income the person would have earned over their working life. They also include the value of everything that person provided beyond a paycheck, such as childcare, home maintenance, and the daily support a household depended on. Economic experts project these figures across the years that were taken.
For a family that relied on that income and support, these damages address a real and ongoing hardship.
Building that projection is careful work. An economist considers the person’s age, earnings, benefits, and the years of work they likely had ahead, then accounts for the support they would have provided at home. A stay-at-home parent contributes real economic value even without a paycheck, and that value belongs in the claim.
The goal is an honest accounting of what the family actually lost, grounded in evidence rather than guesswork.
Mental Anguish and Loss of Companionship Without a Formula
The deepest losses have no price tag, and Texas law recognizes them anyway. These damages compensate the emotional reality of losing a spouse, a parent, or a child. Because no formula exists, they are proven through testimony about the relationship and what its absence means. The recoverable categories include several distinct forms of loss the family lives with every day.
- Mental anguish the surviving family members suffer from the loss
- Loss of companionship, comfort, and society of the person who died
- Loss of the care, guidance, and nurturing a parent or spouse provided
- Loss of consortium between spouses
- The grief and emotional impact carried by children who lost a parent
Presenting these losses honestly, without exaggeration, is delicate work. It requires helping a jury understand who the person was and the space their absence leaves.
How Long Does a Family Have To File in Texas
The general deadline is two years from the date of death, under Section 16.003 of the Civil Practice and Remedies Code. Certain circumstances can adjust that timeline, and claims involving minor children can follow different timing, so the safest course is to confirm your deadline early rather than assume it. Waiting also allows evidence to fade.
Speaking with a lawyer well before the deadline protects both the wrongful death claim itself and the proof standing behind it.
There is no need to rush a decision while you are grieving, but the practical reality is that evidence does not wait. Witnesses move, records get discarded, and a vehicle or a piece of equipment central to the case can be repaired or scrapped. Confirming the deadline and preserving the key proof can happen without committing your family to anything.
It simply keeps your options open until you are ready to decide.
Exemplary Damages When the Death Involved Gross Negligence
When a death results from gross negligence or a willful act, Texas allows exemplary damages meant to punish the wrongdoer. These go beyond compensating the family and require clear and convincing proof that the conduct was crossed the line from ordinary carelessness into something far worse.
A drunk driver with a history of the same behavior, or a company that knowingly ignored a safety hazard, can fall into this category. These damages can add significant value when the facts support them.
Beyond the money, these damages serve a purpose many families care about. They hold the wrongdoer accountable in a way ordinary compensation does not, and they can push a company to fix the danger that took a life.
A trucking firm that ignored its own safety reports, or a property owner who dismissed repeated warnings, faces a consequence meant to prevent the next death. For some families, that accountability matters as much as the recovery itself.
Dallas Wrongful Death Lawyers
There is no rush to make decisions before you are ready, but the law does keep its own calendar, and evidence does not wait. When the time feels right, a Dallas wrongful death lawyer at our legal team can explain your options clearly and take on the legal work while your family focuses on each other.
The consultation is free and comes with no pressure and no obligation. Call (512) 254-4424 whenever you are ready to talk with someone who handles these claims across Dallas County. You pay nothing unless the case is won, and the conversation is simply about understanding what you are facing.
If you would rather reach out in writing, you can contact our Texas injury team through our contact page, and we will follow up when it works for you.
What Families Need to Know First
Families rarely arrive with their legal questions in order. These are the ones that come up first, usually within days. Every consultation is free and confidential, with no obligation to hire us or go any further with the claim.
Can Creditors Take a Wrongful Death Recovery?
No, and this catches many families off guard. A wrongful death recovery is not subject to the debts of the person who died (Tex. Civ. Prac. & Rem. Code § 71.011). Medical bills, credit cards, and other obligations of the estate do not reach it. That protection is one reason the wrongful death claim and the survival claim are kept separate.
Can We Still Sue if Criminal Charges Were Filed?
Yes, and the two cases run side by side. Texas law says a wrongful death claim is not blocked because the death was caused by a felony or because a criminal prosecution is underway (Tex. Civ. Prac. & Rem. Code § 71.006). The civil case also uses a lower standard of proof, so an acquittal does not end it.
How Long Does a Wrongful Death Case Take in Texas?
Usually a year or more, and often longer. Of 386,193 Texas civil cases disposed in fiscal year 2024, 96,182 had been pending more than 18 months (Texas Office of Court Administration). Death cases sit at the slow end, because economists must project a lifetime of lost support. No family should feel rushed toward a first offer.
Legal Sources & References
The Texas laws described on this page are cited to the official statutes published by the Texas Legislature and were last reviewed on August 16, 2026.
- Statute of limitations (2 years), Tex. Civ. Prac. & Rem. Code § 16.003
- Wrongful death beneficiaries, Tex. Civ. Prac. & Rem. Code § 71.004
- Survival action, Tex. Civ. Prac. & Rem. Code § 71.021
- Exemplary (punitive) damages, Tex. Civ. Prac. & Rem. Code § 41.003
- Texas crash data, Texas Department of Transportation (TxDOT)
We Represent Those Injured in Car Accidents in the Following Cities and Communities in Texas.
- Austin, TX
- Dallas, TX
- El Paso, TX
- Fort Worth, TX
- Houston, TX
- Lakeway, TX
- Midland-Odessa, TX
- San Antonio, TX
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