Who is eligible to file a wrongful death lawsuit in Texas?

Under [CPRC Section 71.004](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm), only three categories of people can file a Texas wrongful death claim: the surviving spouse, surviving children (including legally adopted children), and surviving parents (natural or adoptive). Siblings, grandchildren, stepparents without a legal adoption, and divorced former spouses are not eligible under any circumstances. If none of these individuals files within three months of the death, the estate's executor or administrator is required to bring the action on behalf of those who qualify.

How long do I have to file a wrongful death claim in Texas?

Texas gives surviving family members two years from the date of death to file a wrongful death lawsuit under [CPRC Section 16.003(b)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). This deadline is strict. Missing it permanently bars the claim regardless of the evidence. One exception: if an eligible beneficiary was under 18 at the time of death, the statute of limitations is tolled until that person turns 18, at which point the two-year clock begins running for them individually.

What is the difference between a wrongful death claim and a survival action in Texas?

A wrongful death claim under [CPRC Chapter 71](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm) recovers the surviving family members' own losses caused by the death: lost financial support, loss of companionship, and mental anguish. A survival action under [CPRC Section 71.021](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm) recovers the decedent's own losses before death: their pain and suffering, their medical expenses from injury to death, and their lost earnings during that period. The two claims are separate and additive. Both are typically filed together in the same lawsuit.

Can I recover exemplary damages in a Texas wrongful death case?

Yes, under [CPRC Section 41.008](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm), when the death resulted from gross negligence, malice, or an intentional act. Exemplary damages require clear and convincing evidence, a higher standard than the preponderance of evidence required for liability. The cap is the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000. The cap does not apply to certain criminal acts including murder.

What damages can be recovered in a Fort Worth, Texas wrongful death lawsuit?

Texas wrongful death damages under CPRC Chapter 71 include economic and non-economic categories. Economic damages cover lost financial support the decedent would have provided, loss of inheritance, medical expenses from injury to death, funeral and burial expenses, and the value of household services and childcare. Non-economic damages include mental anguish for each eligible beneficiary, loss of companionship and society, and loss of consortium for the surviving spouse. Non-economic damages are not capped in standard wrongful death cases. Medical malpractice wrongful death cases are subject to a separate indexed cap under CPRC Section 74.303, which exceeded $2.5 million as of 2025.

What happens if no family member files a wrongful death claim within three months?

If no eligible beneficiary (spouse, child, or parent) files within three months of the death, the estate's executor or administrator is required under [CPRC Section 71.004(b)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm) to bring the action. The executor does not become a beneficiary by filing. The action runs for the benefit of those who qualify. Eligible family members may still file their own separate actions as long as the two-year statute of limitations has not expired.

Does proportionate responsibility apply to wrongful death cases in Texas?

Yes. [CPRC Chapter 33](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm) applies to wrongful death cases. If the jury finds the decedent was 51% or more responsible for the circumstances leading to their death, the family recovers nothing. At 50% or less, the family's recovery is reduced proportionally by that percentage. Insurance defense attorneys routinely argue the decedent's own fault to reduce or eliminate the award. This is the most significant liability issue in most contested wrongful death cases in Fort Worth.

What does it cost to hire a wrongful death attorney in Fort Worth, Texas?

Wrongful death cases are handled on a contingency fee basis. You pay no attorney fees upfront and owe nothing if the case is unsuccessful. The attorney's fee is a percentage of the recovery if one is obtained. Litigation costs (expert witnesses, depositions, filing fees, investigation) are handled separately from attorney fees. Some firms advance costs and deduct them from the recovery; others bill as costs are incurred. Ask about both the fee percentage and the cost structure before retaining anyone.

What types of accidents lead to wrongful death claims in Fort Worth?

Any accident caused by another party's negligence can form the basis of a wrongful death claim if it resulted in death. Common types in Fort Worth include [car accidents](/fort-worth-texas-injury-lawyers/car-accidents/), [commercial truck and 18-wheeler accidents](/fort-worth-texas-injury-lawyers/truck-accidents/) on I-30 and I-35W, [construction site deaths](/fort-worth-texas-injury-lawyers/construction-site-accidents/), workplace accidents, medical malpractice, premises liability incidents, and defective products. The type of accident determines which parties are potentially liable, what evidence matters most, and whether specialized statutes apply.

Fort Worth Wrongful Death Lawyer

No one reads wrongful death attorney websites unless something has already happened. If you're here, someone died because of another person's negligence or intentional act. That is the situation this page addresses directly.

This page covers how Texas wrongful death law works under CPRC Chapter 71, who can bring a claim, and what damages are available. It also covers the investigation process in Tarrant County. Morris & Dewett has handled these cases for over 25 years. Take your time with this. Do your research. Talk to more than one attorney before making any decisions.

What Is a Wrongful Death Claim Under Texas Law

wrongful death action CPRC Chapter 71 defines wrongful death as a death caused by the neglect, carelessness, wrongful act, default, or unskillfulness of another person or company. The statute covers a wide range of conduct. Applying it to a specific death requires examining what happened, what duty existed, and whether it was breached.

A wrongful death claim is a civil matter. It is entirely separate from any criminal charges arising from the same death. Criminal prosecution belongs to the state. The wrongful death lawsuit belongs to the family. Both can proceed simultaneously, and a criminal acquittal does not bar a civil claim. The standards of proof are different.

To establish liability, a claimant must prove four elements: duty, breach, causation, and damages. Evidence driving these cases includes police and accident reports, medical records, autopsy findings, witness accounts, and expert testimony on causation. Fort Worth's major corridors, including I-30, I-35W, and SH-121, generate truck, car, and commercial vehicle deaths with regularity.

Common wrongful death circumstances in Fort Worth include car accidents, commercial truck accidents, construction site deaths, workplace accidents, medical malpractice, premises liability, and defective products. Ask any attorney you consider how many wrongful death cases they have taken to resolution and how they approach building the causation argument. Causation is where most defenses concentrate their effort.

Who Can File a Wrongful Death Lawsuit in Texas?

CPRC Section 71.004 limits wrongful death claimants to three categories: the surviving spouse, surviving children (including legally adopted children), and surviving parents (natural or adoptive). That is the complete list under Texas law. Siblings are not eligible. Grandchildren are not eligible. A divorced former spouse is not eligible. A stepparent who never legally adopted the decedent is not eligible.

This limitation matters more than most people realize. If you fall outside those three categories, you have no standing to file a wrongful death claim regardless of how close your relationship was. It is a statutory rule, not a judgment about the relationship's value.

Each eligible beneficiary holds an independent right to file. They can join their claims into a single lawsuit or file separately. Courts have discretion to consolidate separate actions to avoid inconsistent verdicts. If multiple family members are filing, coordination matters from the start. Ask any attorney you consult how they handle multi-beneficiary cases and whether they have experience with consolidated wrongful death actions in Tarrant County courts.

If no eligible beneficiary files within three months of the death, the estate's executor or administrator is required to bring the action under CPRC Section 71.004(b). The executor does not become a beneficiary by filing. The action runs for the benefit of those who qualify, not the estate.

The Survival Action: Recovering for What the Decedent Suffered

survival action Under CPRC Section 71.021, the decedent's personal injury claim does not die with them. It survives to their heirs, legal representatives, and estate.

The survival action and the wrongful death action recover different losses. The wrongful death action compensates surviving family members for their own losses: lost financial support, loss of companionship, mental anguish. The survival action compensates for what the decedent personally experienced before death: their own pain and suffering, their medical expenses from injury to death, and their lost earnings during that period.

The survival action is broader in scope. It is not limited to spouse, children, and parents. Estate representatives and heirs can pursue it. Both actions are typically filed together in the same lawsuit. Damages from each are distinct and additive. Ask any attorney whether they intend to plead both actions and how they value the survival component separately.

Survival claims carry the most value when a prolonged period passed between injury and death. Cases involving catastrophic injuries that precede death by weeks or months have substantial survival claim components. The pain, suffering, and medical expenses during that interval are separately compensable.

Damages Available in a Texas Wrongful Death Case

Texas wrongful death cases under CPRC Chapter 71 allow recovery of both economic and non-economic damages. Economic damages are calculated by vocational and forensic accounting experts. Non-economic damages are not capped in standard wrongful death cases.

Economic damages include the financial support the decedent would have provided over their working life, calculated using earnings history, projected career trajectory, and present value discounting. They also include loss of inheritance, medical expenses from injury to death, funeral and burial expenses, and the value of household services, childcare, and guidance the decedent provided.

Non-economic damages cover mental anguish for each eligible beneficiary, loss of companionship and society, and loss of consortium for the surviving spouse. No cap applies to non-economic damages in standard wrongful death cases in Texas.

Texas also allows exemplary damages under CPRC Section 41.008 when death resulted from gross negligence or an intentional act. Clear and convincing evidence is required. That is a higher standard than ordinary negligence.

Medical malpractice wrongful death cases are subject to a separate cap under CPRC Section 74.303, indexed to inflation and exceeding $2.5 million as of 2025. That cap covers total damages in med-mal wrongful death cases specifically. Standard wrongful death cases do not carry that aggregate cap.

When evaluating attorneys, ask how they approach the economic loss calculation. Some firms use in-house economists; others retain independent vocational and forensic accounting experts. The methodology and expert credentials affect how the lifetime loss figure holds up at trial or in mediation.

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

statute of limitations Under CPRC Section 16.003(b), a wrongful death lawsuit must be filed within two years of the date of death. The clock runs from the death, not from the accident date.

Missing this deadline means a permanent loss of the right to sue, regardless of how strong the evidence is. Texas courts enforce this rule strictly. There is no grace period and no discretion to extend based on hardship.

Two exceptions exist. First, the discovery rule can apply when the cause of death was inherently undiscoverable. This rarely applies to accident deaths where the cause is immediately apparent. Second, if an eligible beneficiary was under 18 at the time of death, limitations is tolled until that person turns 18, at which point the two-year period begins running for them.

Do not interpret tolling as a reason to delay. Surveillance footage at businesses and intersections is typically overwritten within 30 to 60 days. Vehicle ECM data can be overwritten within 30 days without a preservation demand. Civil wrongful death lawsuits in Fort Worth are filed in Tarrant County District Courts at 100 W. Weatherford St., Fort Worth, TX 76196. The 2nd Court of Appeals (Fort Worth Division) handles appellate matters from those cases.

Ask any attorney you contact when they plan to send preservation demands and what evidence they prioritize first. An attorney without a specific answer has not thought carefully about your timeline.

Proportionate Responsibility and Wrongful Death Cases

proportionate responsibility CPRC Chapter 33 proportionate responsibility rules apply to wrongful death cases. If the decedent is found to bear 51% or more of the responsibility, surviving family recovers nothing. At exactly 50%, recovery is reduced by half.

This is the central defense strategy in most contested wrongful death cases. Insurance adjusters and defense attorneys work to build a narrative placing significant fault on the decedent. They use accident reconstruction, surveillance footage, toxicology results, and prior behavior to raise the decedent's percentage. Even 30 or 40 percent fault on the decedent reduces the family's recovery proportionally.

CPRC Section 33.004 allows defendants to designate responsible third parties not named in the lawsuit. This dilutes fault across multiple parties, reducing each named defendant's percentage and their financial exposure. Fort Worth truck accident deaths often involve multiple defendants: the driver, their employer, and potentially an equipment manufacturer. The proportionate allocation between them affects who is jointly and severally liable and who pays only their share.

Ask any attorney how they counter proportionate responsibility defenses. The approach differs by case type. Accident reconstructionists, independent toxicology, and surveillance analysis each play different roles depending on how the death occurred. Morris & Dewett works with investigators and technical experts to establish fault percentages before the defense builds their narrative.

How Wrongful Death Claims Are Investigated

The first step in any wrongful death investigation is a preservation demand sent to all parties holding evidence that could be destroyed or overwritten before litigation begins. This covers vehicle ECM data, commercial vehicle ELD records, business surveillance footage, and employment records.

The investigation builds from police and accident reports from Fort Worth Police Department or Tarrant County Sheriff's Office, the medical examiner's report, and autopsy findings. Toxicology results establish whether substances were involved. Medical records document what the decedent experienced between injury and death, which supports the survival action component.

Expert witnesses are central to most wrongful death cases. Accident reconstructionists establish what happened and who was responsible. Economists and vocational experts calculate lifetime financial loss. Medical causation experts connect the negligent act to the death. The strength and credibility of expert testimony often determines how a case resolves.

Most wrongful death cases take one to three years depending on the number of defendants, complexity, and whether trial is required. Commercial vehicle cases and workplace deaths involving multiple parties typically take longer. Ask what the realistic timeline is for your specific circumstances at the first meeting.

What Wrongful Death Cases Cost to Pursue

contingency fee Wrongful death cases are handled on a contingency fee basis. There is no upfront cost to retain an attorney. The attorney is paid a percentage of whatever is recovered. If the case does not result in a recovery, the client owes no attorney fees.

The fee percentage varies by firm. Understand what it is before signing anything.

There is a distinction worth asking every firm about: attorney fees versus litigation costs. Attorney fees are the percentage taken from the recovery. Litigation costs are separate. They include filing fees, expert witness fees, deposition costs, and investigation expenses. Some firms advance costs and deduct them from the recovery. Other firms require clients to pay costs as they are incurred. The handling of costs can have a significant effect on net recovery. Ask explicitly how each firm structures costs before retaining anyone. View our case results for examples of how Morris & Dewett has resolved cases.

Frequently Asked Questions

Who is eligible to file a wrongful death lawsuit in Texas?: Under [CPRC Section 71.004](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm), only three categories of people can file a Texas wrongful death claim: the surviving spouse, surviving children (including legally adopted children), and surviving parents (natural or adoptive). Siblings, grandchildren, stepparents without a legal adoption, and divorced former spouses are not eligible under any circumstances. If none of these individuals files within three months of the death, the estate's executor or administrator is required to bring the action on behalf of those who qualify.
How long do I have to file a wrongful death claim in Texas?: Texas gives surviving family members two years from the date of death to file a wrongful death lawsuit under [CPRC Section 16.003(b)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). This deadline is strict. Missing it permanently bars the claim regardless of the evidence. One exception: if an eligible beneficiary was under 18 at the time of death, the statute of limitations is tolled until that person turns 18, at which point the two-year clock begins running for them individually.
What is the difference between a wrongful death claim and a survival action in Texas?: A wrongful death claim under [CPRC Chapter 71](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm) recovers the surviving family members' own losses caused by the death: lost financial support, loss of companionship, and mental anguish. A survival action under [CPRC Section 71.021](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm) recovers the decedent's own losses before death: their pain and suffering, their medical expenses from injury to death, and their lost earnings during that period. The two claims are separate and additive. Both are typically filed together in the same lawsuit.
Can I recover exemplary damages in a Texas wrongful death case?: Yes, under [CPRC Section 41.008](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm), when the death resulted from gross negligence, malice, or an intentional act. Exemplary damages require clear and convincing evidence, a higher standard than the preponderance of evidence required for liability. The cap is the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000. The cap does not apply to certain criminal acts including murder.
What damages can be recovered in a Fort Worth, Texas wrongful death lawsuit?: Texas wrongful death damages under CPRC Chapter 71 include economic and non-economic categories. Economic damages cover lost financial support the decedent would have provided, loss of inheritance, medical expenses from injury to death, funeral and burial expenses, and the value of household services and childcare. Non-economic damages include mental anguish for each eligible beneficiary, loss of companionship and society, and loss of consortium for the surviving spouse. Non-economic damages are not capped in standard wrongful death cases. Medical malpractice wrongful death cases are subject to a separate indexed cap under CPRC Section 74.303, which exceeded $2.5 million as of 2025.
What happens if no family member files a wrongful death claim within three months?: If no eligible beneficiary (spouse, child, or parent) files within three months of the death, the estate's executor or administrator is required under [CPRC Section 71.004(b)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm) to bring the action. The executor does not become a beneficiary by filing. The action runs for the benefit of those who qualify. Eligible family members may still file their own separate actions as long as the two-year statute of limitations has not expired.
Does proportionate responsibility apply to wrongful death cases in Texas?: Yes. [CPRC Chapter 33](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm) applies to wrongful death cases. If the jury finds the decedent was 51% or more responsible for the circumstances leading to their death, the family recovers nothing. At 50% or less, the family's recovery is reduced proportionally by that percentage. Insurance defense attorneys routinely argue the decedent's own fault to reduce or eliminate the award. This is the most significant liability issue in most contested wrongful death cases in Fort Worth.
What does it cost to hire a wrongful death attorney in Fort Worth, Texas?: Wrongful death cases are handled on a contingency fee basis. You pay no attorney fees upfront and owe nothing if the case is unsuccessful. The attorney's fee is a percentage of the recovery if one is obtained. Litigation costs (expert witnesses, depositions, filing fees, investigation) are handled separately from attorney fees. Some firms advance costs and deduct them from the recovery; others bill as costs are incurred. Ask about both the fee percentage and the cost structure before retaining anyone.
What types of accidents lead to wrongful death claims in Fort Worth?: Any accident caused by another party's negligence can form the basis of a wrongful death claim if it resulted in death. Common types in Fort Worth include [car accidents](/fort-worth-texas-injury-lawyers/car-accidents/), [commercial truck and 18-wheeler accidents](/fort-worth-texas-injury-lawyers/truck-accidents/) on I-30 and I-35W, [construction site deaths](/fort-worth-texas-injury-lawyers/construction-site-accidents/), workplace accidents, medical malpractice, premises liability incidents, and defective products. The type of accident determines which parties are potentially liable, what evidence matters most, and whether specialized statutes apply.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.