Lost a Family Member in Fort Worth?
One death can create two separate legal claims under Texas law, and most grieving families never hear that until a lawyer explains it.
There is the wrongful death claim that belongs to the family, and there is a second claim, called a survival claim, that belongs to the person’s estate.
A Fort Worth wrongful death lawyer pursues both, because each one covers losses the other simply cannot.
No claim brings back the person you lost. What a claim can do is hold the responsible party accountable and secure the financial footing your family needs to keep going after an income and a caregiver are suddenly gone.
Texas law is specific about who may file, what each claim recovers, and how little time you have to act. Those rules are not intuitive, and a well-meant delay can quietly cost your family the right to be heard. This page lays them out plainly so you can make decisions with clear information rather than guesswork.
The consultation is free and confidential, and you pay nothing unless we win. Call (512) 254-4424 whenever you are ready to talk.
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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 |
One Death Creates Two Separate Claims
The two claims work together but recover different things, and understanding the split helps a family see the full value of what the law provides.
The wrongful death claim compensates the surviving family for their own losses. The survival claim compensates the estate for what the person endured and owed before passing.
The attorneys at Goldberg & Loren file both, so nothing the law allows is left on the table.
Here is a plain breakdown of what each claim is meant to cover.
- The wrongful death claim covers the family’s lost financial support, lost companionship and love, and the mental anguish of losing a loved one.
- The survival claim covers the medical bills from the final injury, funeral and burial costs, and the physical pain and mental anguish the person suffered before death.
- Either claim may support exemplary damages when the death was caused by gross negligence.
Keeping the two claims straight is more than bookkeeping. Filing only one, or blending them, can leave real compensation unclaimed, and the money each recovers is distributed differently once a case resolves.
That is why these cases belong with a lawyer who handles them regularly rather than with a general practice that dabbles.
When a parent dies, the children and spouse have their own claim for future support. The estate also has a claim for the ambulance ride, the days in the hospital, and the pain the parent felt before dying.
One event, two very different sets of losses, and both deserve a place in the case.
The Wrongful Death Claim for the Family Under Chapter 71
Chapter 71 of the Civil Practice and Remedies Code creates the wrongful death claim, and it belongs to the closest surviving family members. It is meant to compensate them for the future they lost, including the income the person would have provided and the relationship that can never be replaced.
This is the family’s own claim, brought in their own names.
The losses here are personal and forward-looking. A spouse loses a partner and a share of the household income for decades to come.
A child loses a parent’s guidance, and a parent who loses an adult child loses a bond the law recognizes as real. Texas treats each of those losses as compensable, not sentimental.
Because the claim looks ahead, proving it often means showing what the person would have earned and given over a normal lifetime.
Pay records, work history, and the person’s age and health all shape that picture. We build it carefully so a jury understands the true scale of what the family will go without.
The Survival Claim That Belongs to the Estate
The survival claim is different. It is the claim the deceased person could have brought had they lived, and it survives through the estate after death.
It looks backward at what the person experienced, from the medical care after the injury to the conscious pain they endured before passing.
Because this claim belongs to the estate, any recovery passes through the estate to the heirs under the will or the rules of inheritance.
It covers final medical bills and funeral costs along with the person’s own suffering, which makes it a meaningful piece of the total case rather than an afterthought.
The survival claim can be powerful when a person lived for hours or days after a serious injury. The law does not ignore that stretch of suffering, and neither do we.
Medical records, nursing notes, and the timeline of care help establish what the person went through, and that evidence supports the estate’s recovery.
How the survival recovery is shared depends on the estate. If the person left a will, the proceeds pass under it, and if there is no will, Texas inheritance rules decide who receives them.
That distribution question is separate from the family’s wrongful death claim, and we keep the two separate during an already hard time.
Who Texas Law Lets File the Claim
Texas draws a tight circle around who may bring a wrongful death claim, and it is smaller than many families expect.
Not every relative who is grieving has the legal right to file, and learning that during a loss can be painful. Knowing who qualifies prevents confusion and keeps the case in the right hands from the start.
The rules also include a timing quirk that can hand the right to file to the estate if the family waits too long. Understanding both pieces early keeps the decision where it belongs, with the family.
Spouses, Children, and Parents and No One Else
Under Chapter 71, only the surviving spouse, the children, and the parents of the person who died may bring the wrongful death claim. Adopted children and adoptive parents stand on the same footing as biological ones. Siblings, grandparents, cousins, and close friends, however deeply they grieve, cannot file this claim under Texas law.
Those eligible family members can file together, or one can file on behalf of all of them. When several people share the right, coordinating the claim as one case avoids infighting and keeps the focus on the person responsible for the death.
We help families sort out who holds the right and how a recovery would be shared, which is a conversation that is easier to have early than in the middle of litigation. Getting it settled up front keeps the case unified and steady.
The Three-Month Window Before the Estate Representative Can File
Texas gives the family the first opportunity to file. If none of the eligible family members brings the claim within three months of the death, the executor or administrator of the estate may file it instead. The one exception is when the family specifically asks the representative not to.
That three-month rule surprises people, and it can complicate a case if a family delays while grieving. A claim that should have stayed with a spouse and children can shift to an estate representative simply because the calendar ran out. We explain the window early so the choice to file stays with the family by design rather than by default.
Damages We Pursue for Your Family
Wrongful death damages are meant to account for both the financial and the human cost of a loss. Texas does not reduce a life to a single number, and neither do we. A thorough claim documents the full reach of what the family and the estate lost, then presents it in a way a jury can understand and value.
The categories fall into provable economic losses, deeply personal non-economic losses, and in some cases an added measure meant to punish reckless conduct. Each requires its own kind of proof, and leaving any of them out shortchanges the family.
Lost Earnings, Support, and Companionship
The economic side includes the earnings and benefits the person would have provided over a lifetime, along with the value of the services they contributed to the household. For a family that depended on that income, the number can be substantial and usually requires an economist to calculate it with care.
Household services are easy to overlook and real all the same. The parent who drove kids to school, maintained the home, and managed the family’s day to day provided value that now has to be replaced or done without. We put a defensible figure on that loss rather than letting the insurer pretend it does not exist.
These figures hold up best when they rest on real evidence rather than round guesses. Tax returns, pay records, and a work history establish earning capacity, while testimony from the people who knew the person shows the daily role they filled at home. We build that record so every part of the claim rests on proof a jury can trust.
The human side matters just as much under Texas law. Lost love, companionship, comfort, and guidance are compensable, as is the mental anguish the family carries. We present those losses with dignity, because a jury needs to understand the person and the hole their absence leaves in the people who loved them.
Exemplary Damages When the Death Involved Gross Negligence
When a death results from gross negligence rather than an ordinary mistake, Texas allows exemplary damages meant to punish the wrongdoer and deter others. A drunk driver, a company that ignored a known safety hazard, or a trucking firm that pushed a driver past legal limits can face this added exposure.
It is reserved for conduct that crosses a clear line.
Proving gross negligence takes evidence of a conscious disregard for the safety of others, and Texas holds that proof to a higher standard than ordinary negligence. We investigate whether the conduct rose to that level by pulling company records, safety histories, and the decisions made before the death.
When the evidence is there, exemplary damages change both the value of the case and the message it sends. A company that treated safety as optional learns that a Tarrant County jury can make that choice expensive, which is often the only thing that changes how it behaves going forward.
The Deadline and the Court Path
Grief does not pause the legal clock, and Texas sets firm limits on how long a family has to act. Understanding the deadline and the path a case takes through the courts helps a family plan rather than feel rushed by the unknown. Most cases resolve without a trial, yet the process still follows a clear route worth knowing in advance.
The deadline comes first, because missing it can end a claim before it ever begins.
The Two-Year Limit and the Narrow Exceptions
Texas generally requires a wrongful death claim to be filed within two years of the death, a limit set by Section 16.003 of the Civil Practice and Remedies Code. There are narrow exceptions, such as a claim on behalf of a minor child or a delayed discovery of the true cause of death, but they are limited and should never be assumed.
Waiting to see how things unfold is the most common way families lose the right to file.
A claim against a government entity shortens the timeline dramatically, sometimes to a notice deadline of just a few months. Because the applicable deadline depends on who is responsible, and because that answer is not always obvious after a sudden death, an early case review is the safest way to protect the family’s rights.
How a Case Moves Through the Tarrant County Courts
A Fort Worth wrongful death case is typically filed in the Tarrant County district courts downtown. After filing, both sides exchange evidence in a phase called discovery, where records, testimony, and expert opinions are gathered. This is where the strength of the case becomes clear to everyone involved.
Many cases settle once the evidence makes the responsible party’s exposure obvious, often at a mediation where a neutral third party helps both sides reach a number. Settlement spares a family the strain of a trial and brings resolution sooner, which matters when people are trying to grieve and move forward.
Timelines vary with the facts. A clear liability case with cooperative insurers can resolve in months, while a disputed claim or one headed for trial takes longer. We keep families informed at each stage so the process never feels like a black box, and so the decision to settle or press on always stays in your hands.
If the other side refuses a fair resolution, the case proceeds toward trial before a Tarrant County jury. We prepare every case as if it will be tried, because that readiness is what drives fair settlements and protects the family if the case goes to court.
Ask a Fort Worth Wrongful Death Lawyer What Your Family Can Recover
If your family lost someone because another party was careless or reckless in Fort Worth, you deserve clear answers about your rights and your options. The rules on who can file, what two claims can recover, and how little time you may have are too important to navigate during grief without guidance.
A single conversation now can protect choices that a deadline would otherwise take away for good.
With decades of experience, Goldberg & Loren stands with grieving families, and there is no fee unless we win. We will explain what your family can recover, handle the filings and the insurers, and pursue full accountability while you focus on each other. There is never any pressure and never any upfront cost.
Every conversation is handled with discretion and real respect for what your family is going through.
You do not have to sort out the two claims, the beneficiaries, or the deadline on your own. Let a Fort Worth wrongful death lawyer carry that weight while your family takes the time it needs.
The consultation is free, confidential, and answered by a real person 24 hours a day. Reach us at (512) 254-4424, or contact our team through our contact page whenever you are ready.
Frequently Asked Questions
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.
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.
By share, and a jury decides the shares. Damages are awarded in proportion to the injury each surviving family member suffered, and the jury sets each person’s portion (Tex. Civ. Prac. & Rem. Code § 71.010). It is not an automatic even split. A spouse, a young child, and an adult child can each end up with very different amounts.
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 17, 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)
