When you lose someone in a crash, the shock takes over before the law even crosses your mind. But in Texas, you may have the legal right to take action if someone else caused that death through negligence. However, not everyone can file a wrongful death claim, and what you can recover depends on your relationship and the losses you can prove.
Who the law allows to file a wrongful death claim
Texas law gives this right to a specific group of people: the deceased person’s spouse, children, including adopted children and parents. If you don’t fall into one of those categories, even if you played a big role in their life, the law does not let you bring the claim.
That said, the law sets a three-month window for these family members to act. If they don’t file within that time, the executor of the estate can take over the claim, unless the family objects.
What types of compensation are available
A wrongful death claim focuses on your loss, not just the person’s death. You can pursue compensation for financial support, household contributions, emotional anguish, funeral and burial costs and the loss of companionship that came with the relationship.
You might also hear about something called a survival action, which is a separate claim tied to the pain and losses the person experienced before they died, and the estate is given the right to file that one. Moreover, you can’t combine the two, but both may apply depending on what happened.
How to protect your right to compensation after a loss
You only get one shot at filing a claim, and the clock starts right away. Texas law gives you two years from the date of death, but that does not mean you should wait. Strong claims rely on evidence, including crash reports, eyewitness accounts, medical records or proof of the financial support you lost. If you delay, you risk losing the details that help prove fault and show how the loss affects your life.
Even if you qualify under the law, your case still depends on how well you document the harm and connect it back to the crash. Filing a claim early, while the evidence is fresh, gives you the best chance to recover what you are owed.
If you are navigating this alone, you don’t have to
You shouldn’t have to figure out wrongful death law in the middle of your grief, and you don’t have to. If you’re eligible to file a claim, you can protect your right to compensation by acting early, gathering what matters and getting help from someone who understands Texas law. It’s not about rushing – it’s about knowing what steps to take while you still have options.