Who can file a wrongful death lawsuit in Texas?

Only three categories of people have standing under [CPRC Chapter 71](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm): the surviving spouse, surviving children (including adopted), and surviving parents (natural or adoptive only). Siblings, grandchildren, stepparents who did not formally adopt, and divorced former spouses cannot file. Each eligible beneficiary can file independently or join together in a single action.

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

Texas law gives you two years from the date of death under CPRC Section 16.003(b). The deadline runs from the death date, not the accident date or the date you learned about the negligence. If no eligible beneficiary files within three months, the estate's executor must file unless all beneficiaries object. For minor child beneficiaries, the limitation period tolls until they turn 18 under CPRC Section 16.001.

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

A wrongful death claim under CPRC Chapter 71 belongs to the surviving family members. It recovers their own losses: lost financial support, loss of companionship, mental anguish, and loss of inheritance. A survival action under CPRC Section 71.021 belongs to the deceased's estate. It recovers losses the deceased suffered before death: pre-death medical expenses, lost wages during the injury period, and pain and suffering between the injury and death. Both can be filed simultaneously and address distinct categories of harm.

What if the deceased was partly at fault for their own death?

Texas applies proportionate responsibility rules to wrongful death cases under CPRC Chapter 33. If the deceased was found 51% or more responsible for their own death, the family's claim is barred and they recover nothing. If the deceased was 50% or less at fault, the damages are reduced by their fault percentage. At exactly 50%, recovery is reduced by half but not eliminated. Defense attorneys routinely argue elevated fault percentages for the deceased, making early investigation and expert analysis critical.

What court handles wrongful death cases in Marshall, Texas?

Civil wrongful death lawsuits in Harrison County are filed in the 71st Judicial District Court in Marshall. Estate administration and probate proceedings run through Harrison County Probate Court and are a separate track from the civil litigation. Federal cases meeting diversity jurisdiction requirements are handled by the Eastern District of Texas, Marshall Division. That court sits at the Jack Brooks Federal Building, 100 E. Houston Street, Marshall, TX 75670. Diversity jurisdiction applies when parties are from different states and the amount in dispute exceeds $75,000.

What damages can surviving family members recover in a Texas wrongful death case?

Surviving family members can recover economic damages including the deceased's lost wages, lost earning capacity, and the value of household services the deceased would have provided. Non-economic damages include loss of companionship and society, mental anguish, and loss of inheritance. Medical and funeral expenses are also recoverable. Exemplary damages are available when gross negligence, malice, or fraud caused the death. The survival action filed alongside can recover the deceased's own pre-death medical costs, lost wages, and pain and suffering.

Does a criminal conviction affect the wrongful death civil case?

A criminal conviction for the conduct that caused the death can be used as evidence in the civil case and generally strengthens the wrongful death claim significantly. However, a civil wrongful death case does not require a criminal conviction. The legal standards differ. Criminal prosecution requires proof beyond reasonable doubt. A civil case requires only a preponderance of the evidence. A prosecutor's decision not to charge, or an acquittal, does not prevent the family from pursuing and winning the civil wrongful death action.

Can siblings file a wrongful death claim in Texas?

No. Texas law limits wrongful death claimants to three categories: surviving spouse, surviving children, and surviving parents. Siblings are not eligible claimants under CPRC Chapter 71, regardless of how close the relationship was. This is a hard statutory limit. A sibling who was financially dependent on the deceased or who lived with them still cannot bring a wrongful death action in Texas. This differs from other states that permit siblings or other relatives to file in some circumstances.

Marshall Texas Wrongful Death Attorney

No one reads wrongful death attorney pages until they need one. Something happened. Someone is gone. Now you're trying to understand what Texas law says your family can do.

This page explains how Texas wrongful death claims work: who can file, what damages are available, how liability is established, and what deadlines apply. Morris & Dewett has handled wrongful death cases across Texas and Louisiana for 25 years. Take the time to understand your options. When you're ready to talk, we're here.

Texas Wrongful Death Law: What CPRC Chapter 71 Covers

CPRC Texas wrongful death law is governed by Chapter 71 of the Civil Practice and Remedies Code. Under CPRC Section 71.002, a wrongful death action arises when someone's death is caused by another party's wrongful act, neglect, carelessness, unskillfulness, or default. The defendant's conduct must have been actionable had the person survived.

A civil wrongful death action stands entirely independent of any criminal prosecution. A conviction helps your case but isn't required. A prosecutor's decision not to charge the defendant does not bar your civil claim. Criminal cases require proof beyond reasonable doubt. Civil wrongful death cases require only a preponderance of the evidence.

Alongside the wrongful death action, Texas law provides a survival action under CPRC Section 71.021. The wrongful death action belongs to the surviving family members. The survival action belongs to the deceased's estate. They address different losses and can be filed at the same time. Ask any attorney you consider whether they're planning to pursue both and why.

The Marshall Texas injury lawyers hub page covers the full range of cases Morris & Dewett handles in Harrison County.

Who Can File a Wrongful Death Claim in Texas

Under CPRC Chapter 71, only three categories of people can file a Texas wrongful death claim: the surviving spouse, surviving children, and surviving parents. No other family members qualify.

First: the surviving spouse. Second: surviving children, including adopted children. Third: surviving parents, both natural and adoptive. That's it. Siblings cannot file. Grandchildren cannot file. Stepparents who didn't legally adopt the deceased cannot file. A divorced former spouse cannot file.

Each eligible beneficiary can pursue their own independent action. They can also join together in a single suit. If the family disagrees about how to proceed, the court can consolidate the cases.

There's one important timing rule. If none of the eligible beneficiaries files within three months of the death, the executor or administrator of the estate is required by statute to bring the action. There's an exception: if all surviving beneficiaries affirmatively tell the executor not to file, the estate is not required to act. Before assuming your family has time to decide, verify that timeline with an attorney. Three months moves fast when families are dealing with everything else that follows a death.

Damages Available in a Texas Wrongful Death Case

Texas wrongful death damages divide into two categories: economic and non-economic. Exemplary damages are a third category available in specific circumstances.

Economic Damages

Economic damages in a Texas wrongful death case include the pecuniary loss the surviving family has lost. This covers the deceased's past and future lost wages, lost earning capacity, and the value of household services they would have provided. An economic expert calculates these figures based on the person's age, occupation, salary history, and projected working years.

Funeral and burial expenses are also recoverable economic damages. Medical expenses the deceased incurred between the injury and death come through the survival action filed alongside the wrongful death claim.

Non-Economic Damages

Non-economic damages address losses that don't have a price tag on them. Loss of companionship and society is available to spouses, children, and parents. It covers the loss of the care, comfort, affection, guidance, and support the deceased provided. Mental anguish is the grief and emotional suffering the beneficiaries experience. Loss of inheritance represents the estate value the beneficiaries would have received had the deceased lived a normal lifespan.

Exemplary Damages

exemplary damages are available in Texas wrongful death cases when the death resulted from gross negligence, malice, or fraud. The standard is higher than ordinary negligence. You must prove the conduct by clear and convincing evidence.

CPRC Section 41.008 caps exemplary damages at the greater of two times economic damages plus up to $750,000 in noneconomic damages, or $200,000. The cap does not apply when the death was caused by certain felonies, including murder, aggravated assault, and sexual assault. Ask any attorney you're considering whether exemplary damages apply in your case and what evidence supports that argument.

Proportionate Responsibility and Wrongful Death

Texas proportionate responsibility rules apply in wrongful death cases. The defendant's lawyers will look for ways to assign fault to the deceased. This is a standard defense strategy, and it can have real consequences.

Under CPRC Chapter 33, if the deceased was 51% or more responsible for their own death, the family recovers nothing. If the deceased was 50% or less at fault, the recovery is reduced proportionally. At exactly 50%, the family still recovers, reduced by half.

Defendants can also designate responsible third parties under CPRC Section 33.004. This spreads fault across multiple parties and can reduce the defendant's share below the threshold for joint and several liability. When third parties are designated, the family has 60 days to add them as defendants.

Insurance adjusters build their entire defense around pushing the deceased's fault percentage above 50%. Challenging that narrative requires early investigation. Morris & Dewett works with accident reconstructionists and independent investigators to establish what actually happened before the insurance company builds its version of the record. Ask any attorney you're considering: what specific steps do you take to counter proportionate responsibility arguments before the case reaches a jury?

Common Causes of Wrongful Death Claims in Marshall, Texas

Marshall sits at the intersection of I-20 and US-59, two high-volume commercial corridors running through Harrison County. Commercial truck traffic is constant on both routes. Accidents involving 18-wheelers and other large commercial vehicles account for a significant share of fatal crashes in this area.

Common causes of wrongful death claims in the Marshall area include commercial vehicle collisions on I-20 and US-59, workplace accidents at industrial and oil and gas facilities, and construction site fatalities. Premises liability deaths from unsafe property conditions, medical malpractice, defective product failures, DUI and DWI collisions, and bicycle and pedestrian fatalities also generate wrongful death claims.

The legal theory underlying your claim depends on the cause of death. A trucking death involves federal FMCSA regulations and multiple potentially liable parties. A workplace death may involve OSHA standards, employer negligence, and third-party equipment manufacturers. A medical malpractice death triggers Texas's specialized medical liability rules under CPRC Chapter 74, including the expert report requirement.

The cause of death shapes the investigation, the defendants named, and the evidence required. Ask any attorney you consult: do you have experience with this specific type of wrongful death case, and who handled the investigation?

See our big truck accidents and construction site accidents pages for details on those specific claim types.

The Wrongful Death Investigation Process

Wrongful death investigations are time-sensitive. Evidence has a shelf life. Vehicle event data recorders overwrite automatically on rolling cycles. Surveillance footage is deleted on standard retention schedules. Witnesses move. Memories fade.

The first action in any wrongful death investigation is sending preservation demands to every party who might hold relevant evidence. This legally requires them to stop their normal destruction or overwriting practices. Morris & Dewett sends these demands immediately after retention. Not after we've reviewed the file. Not after an initial assessment. Speed matters here. Ask any attorney you're evaluating when they send preservation demands and who at the firm specifically handles that step.

Evidence categories in a wrongful death case include: accident scene documentation and photographs, surveillance video from traffic cameras and nearby businesses, vehicle ECM and ELD data for commercial vehicles, medical records from CHRISTUS Good Shepherd Medical Center Marshall and any other treating facilities, toxicology reports, and cell phone records.

Expert witnesses are essential in wrongful death cases. Accident reconstructionists establish how the crash happened and who bears responsibility. Medical examiners and treating physicians establish the cause and timing of death. Economic experts calculate pecuniary loss and loss of inheritance. Vocational experts assess the deceased's earning capacity.

Wrongful death cases in Harrison County are filed in the 71st Judicial District Court. Estate administration proceedings run separately through Harrison County Probate Court. Federal cases meeting diversity jurisdiction standards are handled by the Eastern District of Texas, Marshall Division, at the Jack Brooks Federal Building. Understanding which court has jurisdiction over your case affects procedure, timeline, and strategy. Confirm this early with your attorney.

Steps to Take After a Wrongful Death in Marshall, Texas

The first priority after a wrongful death in Marshall is preserving evidence and avoiding actions that compromise the case. Here's what to do.

Contact law enforcement and obtain a copy of the incident report as soon as it's available. Preserve every document you receive from insurance companies, the at-fault party, or their representatives. Do not sign anything from an insurer without legal review.

Do not accept early settlement offers. Insurance adjusters sometimes contact families within days of a death with settlement offers. These early numbers are almost always based on incomplete information about the full scope of damages. Accepting a settlement releases all future claims. You cannot go back.

Request and preserve all medical records from CHRISTUS Good Shepherd Medical Center Marshall and any other facilities that treated your loved one. These records are foundational to the case. Protect them.

Limit what your family posts on social media. Defense attorneys routinely monitor social media accounts of plaintiffs and family members in wrongful death cases. Posts about the accident, insurance, the defendant, or even unrelated life events can be used against you.

Understand that two separate legal proceedings may be running simultaneously. Estate administration runs through Harrison County Probate Court. Wrongful death litigation runs through the 71st Judicial District Court. The survivor action proceeds through the estate. These are distinct legal tracks that require coordination.

The Two-Year Statute of Limitations in Texas Wrongful Death Cases

Texas sets a two-year deadline to file a wrongful death lawsuit under CPRC Section 16.003(b). The clock starts on the date of death. Not the date of the accident. Not the date you learned about the negligence. The date your loved one died.

There is one meaningful tolling rule. If a surviving child beneficiary is under 18 at the time of death, the deadline tolls until that child turns 18. They then have two years from that birthday to file, under CPRC Section 16.001. This applies to the minor child's individual claim only. It doesn't extend the deadline for adult beneficiaries in the same family.

Other disabilities that arise after the deadline has started running do not pause it. The criminal case proceeding against the defendant does not toll the civil statute. Waiting to see how a prosecution turns out while your civil deadline runs is a risk some families have taken and regretted.

The practical argument for acting sooner is the evidence, not the deadline. Physical evidence degrades. Digital records are overwritten. Witnesses move or forget. The legal deadline is two years. The optimal window for building a strong case is much shorter. Ask any attorney you contact: what's the specific filing deadline for my case given the date of death and who the claimants are?

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Frequently Asked Questions

Who can file a wrongful death lawsuit in Texas?: Only three categories of people have standing under [CPRC Chapter 71](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm): the surviving spouse, surviving children (including adopted), and surviving parents (natural or adoptive only). Siblings, grandchildren, stepparents who did not formally adopt, and divorced former spouses cannot file. Each eligible beneficiary can file independently or join together in a single action.
How long do I have to file a wrongful death claim in Texas?: Texas law gives you two years from the date of death under CPRC Section 16.003(b). The deadline runs from the death date, not the accident date or the date you learned about the negligence. If no eligible beneficiary files within three months, the estate's executor must file unless all beneficiaries object. For minor child beneficiaries, the limitation period tolls until they turn 18 under CPRC Section 16.001.
What is the difference between a wrongful death claim and a survival action in Texas?: A wrongful death claim under CPRC Chapter 71 belongs to the surviving family members. It recovers their own losses: lost financial support, loss of companionship, mental anguish, and loss of inheritance. A survival action under CPRC Section 71.021 belongs to the deceased's estate. It recovers losses the deceased suffered before death: pre-death medical expenses, lost wages during the injury period, and pain and suffering between the injury and death. Both can be filed simultaneously and address distinct categories of harm.
Can I recover exemplary (punitive) damages in a Texas wrongful death case?: Yes, when the death resulted from gross negligence, fraud, or malice. Texas calls them exemplary damages under CPRC Chapter 41. The standard is higher than ordinary negligence. You must prove the conduct by clear and convincing evidence. CPRC Section 41.008 caps exemplary damages at the greater of two times economic damages plus up to $750,000 in noneconomic damages, or $200,000. The cap does not apply when the death was caused by specific felonies such as murder or aggravated assault.
What if the deceased was partly at fault for their own death?: Texas applies proportionate responsibility rules to wrongful death cases under CPRC Chapter 33. If the deceased was found 51% or more responsible for their own death, the family's claim is barred and they recover nothing. If the deceased was 50% or less at fault, the damages are reduced by their fault percentage. At exactly 50%, recovery is reduced by half but not eliminated. Defense attorneys routinely argue elevated fault percentages for the deceased, making early investigation and expert analysis critical.
What court handles wrongful death cases in Marshall, Texas?: Civil wrongful death lawsuits in Harrison County are filed in the 71st Judicial District Court in Marshall. Estate administration and probate proceedings run through Harrison County Probate Court and are a separate track from the civil litigation. Federal cases meeting diversity jurisdiction requirements are handled by the Eastern District of Texas, Marshall Division. That court sits at the Jack Brooks Federal Building, 100 E. Houston Street, Marshall, TX 75670. Diversity jurisdiction applies when parties are from different states and the amount in dispute exceeds $75,000.
What damages can surviving family members recover in a Texas wrongful death case?: Surviving family members can recover economic damages including the deceased's lost wages, lost earning capacity, and the value of household services the deceased would have provided. Non-economic damages include loss of companionship and society, mental anguish, and loss of inheritance. Medical and funeral expenses are also recoverable. Exemplary damages are available when gross negligence, malice, or fraud caused the death. The survival action filed alongside can recover the deceased's own pre-death medical costs, lost wages, and pain and suffering.
Does a criminal conviction affect the wrongful death civil case?: A criminal conviction for the conduct that caused the death can be used as evidence in the civil case and generally strengthens the wrongful death claim significantly. However, a civil wrongful death case does not require a criminal conviction. The legal standards differ. Criminal prosecution requires proof beyond reasonable doubt. A civil case requires only a preponderance of the evidence. A prosecutor's decision not to charge, or an acquittal, does not prevent the family from pursuing and winning the civil wrongful death action.
What steps should I take immediately after a loved one's wrongful death in Marshall?: Contact law enforcement and request the incident report. Preserve all documents from insurers and the at-fault party without signing anything. Do not accept early settlement offers before the full scope of damages is understood. Request and secure all medical records from CHRISTUS Good Shepherd Medical Center Marshall and treating physicians. Limit social media activity from all family members involved in the case. Engage an attorney early so preservation demands can be sent before evidence is destroyed on normal retention schedules.
Can siblings file a wrongful death claim in Texas?: No. Texas law limits wrongful death claimants to three categories: surviving spouse, surviving children, and surviving parents. Siblings are not eligible claimants under CPRC Chapter 71, regardless of how close the relationship was. This is a hard statutory limit. A sibling who was financially dependent on the deceased or who lived with them still cannot bring a wrongful death action in Texas. This differs from other states that permit siblings or other relatives to file in some circumstances.

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.