Suing on Behalf of a Deceased Loved One in Texas: What You Need to Know

Losing a loved one is devastating, especially when their death is caused by someone else’s negligence or wrongful actions. While no amount of money can replace a life, Texas law allows surviving family members to seek justice and compensation through wrongful death and survival claims. At Williams Caputo, PLLC, we understand how overwhelming this process can be, and we are here to help you navigate your legal options during such a difficult time.

If you’ve recently lost a loved one due to an accident, medical error, or other wrongful act, here’s what you need to know about suing on their behalf in Texas.

Can You File a Lawsuit on Behalf of a Deceased Person in Texas?

In Texas, certain family members have the legal right to file a lawsuit when a person dies due to someone else’s negligence. These lawsuits can take the form of wrongful death claims and survival claims, each serving a different purpose.

Under Texas law, the following individuals typically have the right to file a wrongful death lawsuit:

• The deceased person’s spouse
• Children (including adult children)
• Parents of the deceased

If none of these family members file within three months of death, the executor or administrator of the estate may be able to bring a survival claim on behalf of the deceased’s estate.

Understanding the difference between these claims is crucial to ensuring that all available compensation is pursued.

Understanding Wrongful Death vs. Survival Claims in Texas

Wrongful Death Claim

A wrongful death claim is brought by family members who have suffered their own personal loss due to the death of a loved one. These claims seek compensation for:

• Loss of companionship and emotional support
• Lost earning capacity and financial contributions
• Mental anguish and emotional suffering
• Loss of care, guidance, and advice

This type of claim focuses on how the loss has directly impacted the surviving family members.

Survival Claim

A survival claim is brought by the deceased person’s estate and addresses what the deceased could have pursued had they survived. These claims seek compensation for:

• Medical expenses related to the injury before death
• Lost wages the deceased would have earned before their passing
• Pain and suffering experienced before death
• Property damage related to the fatal incident

Unlike wrongful death claims, survival claims focus on the suffering and financial impact on the deceased before they passed away.

What Compensation Can You Recover?

Both wrongful death and survival claims aim to provide financial relief for the devastating loss of a loved one. The compensation available may include:

• Medical bills incurred before death
• Funeral and burial expenses
• Lost income and future earning capacity
• Loss of consortium, companionship, and parental guidance
• Emotional pain and suffering for surviving family members
• Pain and suffering endured by the deceased before death
• Punitive damages, in cases involving gross negligence or intentional harm

At Williams Caputo, PLLC, we fight to ensure that grieving families receive the maximum compensation allowed under Texas law.

Who Can Be Held Liable for a Loved One’s Death?

If your loved one died due to someone else’s negligence, there are multiple parties that may be held legally responsible, including:

• Negligent drivers (car, truck, motorcycle accidents)
• Medical professionals and hospitals (medical malpractice, surgical errors)
• Manufacturers of defective products
• Property owners (unsafe premises, negligent security)
• Employers (workplace accidents and unsafe conditions)

Our personal injury attorneys investigate every aspect of the case to determine liability and hold the responsible parties accountable.

How Long Do You Have to File a Claim? (Statute of Limitations in Texas)

Texas has strict deadlines for filing wrongful death and survival claims. Generally, family members and estates must file:

• Wrongful death claims within two years from the date of death
• Survival claims within two years from the date of the injury that caused death

However, certain circumstances may affect these timelines, including cases involving minors or criminal investigations. Because of these strict limits, it’s critical to consult with a lawyer as soon as possible to avoid losing the right to pursue a claim.

At Williams Caputo, PLLC, we ensure that all deadlines are met and that your case is filed properly to protect your rights.

How Williams Caputo, PLLC Can Help with Wrongful Death and Survival Claims

At Williams Caputo, PLLC, we focus exclusively on personal injury cases, including wrongful death and survival claims. We understand that grieving families need compassionate guidance and fierce advocacy during this difficult time. Here’s how we help:

• Comprehensive investigation of the cause of death
• Gathering evidence such as medical records, accident reports, and expert testimony
• Negotiating with insurance companies and opposing parties
• Filing necessary claims and court documents
• Representing you in court, if needed, to pursue full and fair compensation
• Handling everything on a contingency fee basis — you don’t pay unless we win your case

If you’re unsure about your next steps, we offer free consultations to help you understand your rights and legal options.

FAQs

Who can file a wrongful death claim in Texas?
In Texas, the deceased’s spouse, children, and parents may file a wrongful death lawsuit. If they do not act within three months, the executor of the estate may bring a survival claim.

What is the difference between a wrongful death and a survival claim?
A wrongful death claim compensates family members for their personal loss, while a survival claim seeks damages the deceased would have been entitled to if they had survived.

What if more than one family member wants to sue?
Multiple eligible family members can join together in a wrongful death lawsuit. Damages awarded are typically divided among surviving family members, often determined by a judge or jury.

What if the person who caused the death is facing criminal charges?
You can still pursue a civil wrongful death lawsuit regardless of any ongoing criminal case. Civil cases aim to compensate families, while criminal cases focus on punishing wrongdoing.

Contact Williams Caputo, PLLC Today

If you’ve lost a loved one due to someone else’s negligence, you don’t have to navigate this process alone. At Williams Caputo, PLLC, we are committed to helping families seek justice and secure the financial support they deserve.

Contact us today for a free, compassionate consultation — let us help you take the first step toward justice and healing. Contact us or call us now to speak with a professional.