Texas Wrongful Death & Personal Injury: Demand Justice
If you were injured or lost a loved one in Texas, you may have personal injury, wrongful death, and survival claims. Deadlines are strict, fault can reduce recovery, and special notice rules apply in medical and governmental cases.
- Who can file: Spouse, children, and parents for wrongful death; the estate for survival claims (Tex. Civ. Prac. & Rem. Code ch. 71).
- Fault rule: Recovery is reduced by your percentage of fault and barred over 50% (ch. 33).
- Deadlines: Many claims have a two-year limit; government and medical claims add notice steps (ch. 16; ch. 101; ch. 74).
- Damages: Medical bills, lost income, pain and mental anguish, companionship, funeral costs, and limited exemplary damages (ch. 41).
Understanding Your Rights After an Injury or Loss
Texas law offers remedies when negligence causes injury or a wrongful death. Personal injury claims compensate the injured person. Wrongful death claims allow certain family members to seek compensation and accountability for a loved one’s death, and a related survival claim may recover damages the decedent could have pursued had they lived (Chapter 71).
Who Can File: Wrongful Death vs. Survival Claims
- Wrongful death: The surviving spouse, children, and parents may bring the claim. If none begins the action within three months after the death, the executor or administrator shall bring and prosecute it unless all such beneficiaries request otherwise (Chapter 71).
- Survival claim: The estate, through a legal representative, may pursue the decedent’s own claim for damages the decedent could have recovered if they had survived (Chapter 71).
Common Grounds for Liability
- Motor vehicle, trucking, motorcycle, and pedestrian crashes
- Unsafe property conditions (premises liability)
- Defective or dangerous products
- Medical negligence
- Workplace incidents (including third-party liability outside workers’ compensation)
- Criminal acts allegedly enabled by inadequate security
To succeed, you generally must show duty, breach, causation, and damages.
What Compensation May Be Available
- Medical expenses and rehabilitation costs
- Lost income and loss of earning capacity
- Physical pain and mental anguish
- Physical impairment and disfigurement
- Loss of companionship, society, and household services; in wrongful death, loss of inheritance (Chapter 71)
- Funeral and burial expenses
- Exemplary damages in limited cases with clear and convincing evidence; statutory caps generally apply (Chapter 41).
Fault and the 51% Bar in Texas
Texas follows modified comparative fault. Recovery is reduced by your percentage of responsibility, and barred if you are more than 50% at fault (Chapter 33).
Evidence That Strengthens Your Case
- Police or incident reports
- Photos or video from the scene and visible injuries
- Witness names and statements
- Medical records and billing
- Vehicle data, company safety records, maintenance logs
- Employment records documenting lost wages
- Expert analyses (accident reconstruction, medical, life-care planning)
Practical Tip
Start a simple injury journal today. Note pain levels, missed work, and out-of-pocket costs. Consistent records can corroborate damages and counter insurer disputes.
Insurance Companies and Early Offers
Insurers may call quickly. Statements can be used against you, and early offers often undervalue claims. You are not required to give a recorded statement to the other party’s insurer. Consider consulting counsel before signing medical authorizations or releases.
Special Rules for Claims Against Governmental Entities
Claims against governmental units are limited by sovereign immunity and the Texas Tort Claims Act. Timely notice is required—generally within six months, with content requirements; some local charters impose shorter deadlines. Governmental units are not liable for exemplary damages, and damages are capped (Chapter 101).
Deadlines: Act Promptly
Many personal injury, wrongful death, and survival claims must be filed within two years of the injury or death, subject to exceptions and tolling (Chapter 16). Medical liability claims require pre-suit notice and an expert report (Chapter 74).
Quick Checklist
- Seek medical care and follow treatment plans.
- Photograph the scene, vehicles, hazards, and injuries.
- Collect witness names and contact information.
- Preserve damaged items and electronic data.
- Avoid social media about the incident.
- Do not give recorded statements to the opposing insurer.
- Consult a Texas injury lawyer to confirm deadlines and notice requirements.
FAQ
How long do I have to file in Texas?
Often two years from the injury or death, but shorter notice deadlines can apply for government claims, and special rules apply in medical cases.
Who can bring a wrongful death case?
The surviving spouse, children, and parents. If they do not file within three months, the executor or administrator generally must file unless all beneficiaries request otherwise.
What if I was partly at fault?
Your compensation is reduced by your percentage of responsibility, and you cannot recover if you are more than 50% at fault.
Can I pursue both wrongful death and survival claims?
Yes. They are distinct claims that can be brought together, one for family losses and one for the decedent’s own losses through the estate.
Are punitive damages available?
Only in limited cases with clear and convincing evidence of fraud, malice, or gross negligence, and caps generally apply.
Next Steps
- Gather records, bills, and photos.
- Keep a written log of symptoms and expenses.
- Avoid broad medical authorizations without advice.
- Get a case evaluation with a Texas injury and wrongful death attorney.
Ready to talk? Contact us to discuss your potential claim.
Sources
- Texas Civil Practice & Remedies Code ch. 71 (Wrongful Death and Survival)
- Texas Civil Practice & Remedies Code ch. 33 (Proportionate Responsibility)
- Texas Civil Practice & Remedies Code ch. 41 (Damages)
- Texas Tort Claims Act, ch. 101 (Governmental Units)
- Texas Civil Practice & Remedies Code ch. 16 (Limitations)
- Texas Civil Practice & Remedies Code ch. 74 (Medical Liability)
Disclaimer: This blog post is for general informational purposes only and is not legal advice. Laws change and outcomes depend on specific facts. Reading this post does not create an attorney–client relationship. Consult a licensed Texas attorney about your situation.