What Is a Wrongful Death Case?
If the act of someone else causes the death of a loved one, Texas law allows certain family members to bring a lawsuit. These cases fall under Chapter 71 of the Texas Civil Practice and Remedies Code, which covers both wrongful death and survival actions. In simple terms, a wrongful death claim is when the family sues for the loss they personally suffered, and a survival claim is when the family steps into the shoes of the person who passed away to recover what the deceased could have recovered if they were still alive.
Under Section 71.021, the survival action allows the deceased person’s heirs, legal representatives, or estate to bring a personal injury claim on behalf of the person who passed away. This means the claim doesn’t end just because of the death — it survives. The family can recover things like the pain and suffering the person experienced before passing, medical bills, funeral expenses, and any lost wages or financial losses that occurred between the injury and the death.
Then there’s the wrongful death claim, which is separate. This one exists for the benefit of the surviving spouse, children, and parents of the deceased. These family members are the only ones allowed to bring this type of claim. The law makes clear that they can all file together or one person can file on behalf of everyone. If none of them bring the lawsuit within three months after the person’s death, then the executor or administrator of the estate must file the claim unless all eligible family members request that it not be done.
A wrongful death claim is meant to compensate the family for their own personal loss — not just what the deceased went through. This includes things like loss of companionship, loss of emotional support, loss of financial contributions, mental anguish, and loss of guidance. If the defendant’s actions were especially reckless or intentional, the family may also be able to recover exemplary (punitive) damages to punish the wrongdoer and discourage similar behavior in the future.
These laws recognize that when someone dies because of another person’s negligence, more than one kind of loss occurs — the pain and suffering of the victim themselves and the long-term impact on the people left behind. For example, in a car accident caused by a drunk driver, the deceased’s estate could pursue a survival claim for medical bills and pain before death, while the spouse and children could pursue a wrongful death claim for their emotional and financial loss afterward.
Together, these two types of claims work to provide full justice: one focuses on what the victim suffered, and the other focuses on what the family has lost. While no amount of money can ever replace a loved one, these claims exist to help provide financial stability, accountability, and a sense of closure.
