Texas Wrongful Death Lawyer

We are deeply sorry for your loss.

No claim can bring back the person you love. But when a death was caused by someone else's carelessness, Texas law gives the family a way to seek answers and hold the responsible party accountable. Alers Law helps grieving families across all of Texas, from our offices in Dallas–Fort Worth. We go at your pace and explain each step in plain words.

Book a consultation or call (469) 207-1515. Se habla español.

When a Wrongful Death Claim May Apply

Under Texas law, a wrongful death claim may be brought when a person dies because of another person's or company's "wrongful act, neglect, carelessness, unskillfulness, or default" (Tex. Civ. Prac. & Rem. Code § 71.002). The claim is for the harm the death causes to the family.

We help families after deaths caused by:

Each case is different. We start by listening and learning what happened.

Who Can File a Wrongful Death Claim in Texas

Texas law is specific about who may bring a wrongful death claim. Under § 71.004, the claim is for the exclusive benefit of the deceased person's:

  • Surviving spouse.
  • Children, including adult children.
  • Parents.

Any of these family members may file. One or more of them may also file on behalf of all of them. Brothers, sisters, grandparents and other relatives generally cannot bring a wrongful death claim under this statute, even if they were very close to the person who died.

The three-month rule

If none of these family members files within three calendar months after the death, the personal representative of the estate must file the claim, unless all of those family members ask that it not be filed (§ 71.004(c)). This rule helps make sure a claim is not lost simply because the family is overwhelmed.

Wrongful Death vs. Survival Claims

There are often two related claims after a death. They work together, but they are not the same.

  • The wrongful death claim belongs to the spouse, children and parents. It covers their losses because their loved one is gone.
  • The survival claim belongs to the estate. Under § 71.021, the injured person's own claim does not end because of death. It passes to the heirs, legal representatives and estate. It covers what the person themselves suffered before death.

Bringing both claims, when they apply, helps account for the full harm.

What a Claim Can Cover

Texas law lets the jury award damages "proportionate to the injury resulting from the death" and divide them among the family members entitled to recover (§ 71.010). Depending on the facts, damages may include:

For the family (wrongful death claim):

  • Loss of the financial support the person would have provided.
  • Loss of the care, advice and services the person gave the family.
  • Loss of love, companionship and society.
  • Mental anguish, the emotional pain of the loss.
  • Loss of inheritance the family would likely have received.

For the estate (survival claim):

  • Pain and mental anguish the person suffered before death.
  • Medical expenses before death.
  • Funeral and burial expenses.

When a death is caused by a willful act or omission or by gross negligence, Texas law also allows exemplary (punitive) damages (§ 71.009). Other rules can limit these damages.

Every case is different, and we cannot promise any result.

Texas Deadlines

In most cases, a wrongful death lawsuit must be filed within two years. For a death claim, the two years generally run from the date of death, not the date of the injury (Tex. Civ. Prac. & Rem. Code § 16.003(b)).

Some cases have shorter deadlines. If a city, county or state agency may be responsible, written notice may be due within six months, or sooner under some city charters (§ 101.101). Evidence can also disappear quickly. Please do not wait too long to ask for advice.

Fault Rules

Texas uses a modified comparative fault rule. Any recovery may be reduced by the percentage of fault assigned to the person who died. If that person is found more than 50 percent responsible, there is no recovery (§ 33.001). Insurers sometimes try to blame the person who can no longer tell their side. We work to gather the evidence that shows what really happened.

How We Help Your Family

You should be able to grieve. We handle the legal work so you can focus on your family.

  1. We listen. We learn about your loved one and what happened.
  2. We investigate. We gather police reports, photos, witness statements, medical records and other evidence, and ask that it be preserved.
  3. We identify every responsible party and every insurance policy that may apply.
  4. We deal with the insurance companies, so you do not have to answer their calls.
  5. We keep you informed, in English or Spanish, at every step.

What to Do Now

  • Get copies of the death certificate and the police or incident report.
  • Keep records of medical bills, funeral bills and lost income.
  • Do not give a recorded statement to any insurer before speaking with a lawyer.
  • Do not sign anything from an insurance company before you understand it.
  • Call us when you feel ready. Even a short conversation can help you understand your options and deadlines.

Fees

You pay no attorney's fees unless we recover compensation for you. We explain the fee and any case expenses in plain terms before you decide.

About Attorney Alers

Attorney Beverly Alers founded Alers Law and has been licensed to practice law since 2012. She holds a J.D., earned cum laude, and an LL.M. in Litigation and Alternative Dispute Resolution. Attorney Alers believes families deserve a firm that treats their case, and their loss, with care and seriousness from the first call.

Servicio en Español

Attorney Alers is fully bilingual. You can tell your story, ask questions and review every document in Spanish or English. Lea esta información en español.

We Are Here When You Are Ready

A conversation costs you nothing. We serve families across all of Texas, in person in Dallas–Fort Worth or by phone and video.

Book a consultation or call (469) 207-1515. See all the personal injury cases we handle.

This page offers general information, not legal advice. Reading it does not create an attorney-client relationship.

Frequently asked questions

Who can file a wrongful death lawsuit in Texas?

The surviving spouse, children and parents of the person who died. One or more of them can file for all of them. If none of them files within three months, the estate's representative must file, unless they all ask that it not be filed.

Can a brother or sister file a wrongful death claim in Texas?

Generally, no. Texas limits wrongful death claims to the spouse, children and parents. Other relatives may sometimes be involved through the estate's survival claim, depending on the facts.

How long do we have to file a wrongful death claim?

Usually two years from the date of death. Claims against a government agency may need written notice within six months or less, so it is best to get advice early.

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

A wrongful death claim covers the family's losses. A survival claim is brought for the estate and covers what the person suffered before death, such as pain, medical bills and funeral costs.

How much does it cost to talk to you?

The consultation costs you nothing. If you hire us, you pay no attorney's fees unless we recover compensation for your family.