Wrongful death lawyer in Texas City
Texas gives close family their own claim after a fatal crash, on its own clock. Here's who can file and what it can pay for.
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A wrongful death claim belongs to you and your family, not to the person you lost. It exists so the people left behind can recover for what they lost: income, support, and a relationship that isn’t coming back. Two questions decide most of what happens next: who Texas lets bring the claim, and what it can actually pay for.
Who Texas lets step forward
Under Texas law, this right sits with close family only: a spouse, the children, or the parents. Any one of them can bring the claim on the family’s behalf, and more than one often does. That right doesn’t change based on what kind of vehicle caused the crash. A wreck involving an 18-wheeler still gives the same family members standing to file, even though the claim against a trucking company often looks different underneath.
What the family’s claim can include
This claim generally reaches both the practical and the personal. On the practical side, funeral and burial costs, and the financial support the person would have kept providing to your family. On the personal side, the loss of their companionship and guidance, which Texas treats as a real, compensable loss, not just a sentiment. None of it replaces the person you lost. It’s meant to account for what their absence actually costs going forward.
A separate claim can exist for what they went through
A wrongful death claim is built around what your family lost. A different kind of claim, called a survival claim, can address what the person who died went through themselves in the time between the crash and their death: their own medical bills, their own pain, and the income they lost before they died. That claim usually runs through the estate rather than through any one family member directly, and it can exist alongside your wrongful death claim rather than instead of it.
The clock starts on a different day
A wrongful death claim runs on a two-year deadline, same as most injury claims in Texas, but it doesn’t start on the day of the crash. The statute, § 16.003(b), keys the death claim to when the person died, which is a different start than the crash claim’s. When the crash and the death happen on different days, weeks, or even longer apart, that gap matters. The statute of limitations guide goes over the general two-year rule that would apply to a survival claim or an ordinary injury claim instead.
If the crash involved a drunk driver, expect a criminal case to run alongside your own, on its own schedule, often slower. The drunk driving page straightens out how that criminal case and this civil claim relate, and why one doesn’t have to finish before the other starts. Cost is often the next question on people’s minds, and the lawyer cost guide handles what a contingency arrangement looks like for a claim like this one. This claim has its own clock and its own owner. Deciding who steps forward is worth doing early, before grief makes that decision by default.
Common questions
My siblings and I are all adults. Can we still bring this claim as the children?
Yes. Texas doesn't put an age limit on children bringing this kind of claim, whether they're minors or fully grown adults with their own families. Being an adult doesn't reduce your standing to file.
My partner and I were never married. Can I bring a claim for them?
Not directly, and that's a hard answer to give. Texas's list of who can bring this claim doesn't include an unmarried partner, no matter how long the relationship lasted. If the person had children or parents, they may still have a claim, and it's worth asking about the specifics of your situation.
There's a criminal case moving against the driver. Does our claim depend on how that turns out?
No, not directly. A criminal case and a wrongful death claim run on separate tracks with separate rules, and a conviction, an acquittal, or even a case that never gets filed doesn't decide your civil claim on its own. The evidence police gather along the way can still help build your side of it.
Related pages
18-Wheeler Accidents
A wreck with an 18-wheeler on this corridor pulls in more parties and more insurance than an ordinary car wreck.
Learn more →Bicycle Accidents
Most roads riders use here don't have a bike lane, and that shapes how a bike wreck claim gets built.
Learn more →Car Wreck Lawyer
The first three days after a wreck move fast for the insurance company, and staying even takes a plan.
Learn more →Distracted Driving
Distraction is hard to catch in the act, but it usually leaves something behind: a record, a report line, or a pattern in how the crash happened.
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