Texas wrongful death claims
A Texas wrongful death action is for the exclusive benefit of the surviving spouse, children and parents of the person who died (Civ. Prac. & Rem. Code §71.004). It must be filed within two years of the death (§16.003(b)). Damage limits apply only in certain kinds of cases, such as health care claims and claims against government bodies.
General information about Texas law, not legal advice. The author is not a lawyer. Laws change; check the linked sources and talk to a Texas lawyer about your situation.
Texas wrongful death statute
Section 71.002 makes a person liable for damages arising from an injury that causes death if it was caused by the person's (or agent's or servant's) "wrongful act, neglect, carelessness, unskillfulness, or default" (§71.002).
Texas wrongful death beneficiaries
The action is "for the exclusive benefit of the surviving spouse, children, and parents of the deceased." Any of them may bring it for the benefit of all. If none has filed within three calendar months of the death, the executor or administrator must bring it unless all of them ask otherwise (§71.004). Siblings are not on the list.
Survival action
A separate "survival" claim covers the injured person's own claim, which does not end at death. It passes to the person's heirs, legal representatives and estate (§71.021).
Deadline
Suit for an injury resulting in death must be brought within two years, and the claim accrues on the date of death (§16.003(b)).
Texas wrongful death damages cap: where limits exist
Texas does not have one general cap on wrongful death damages. Limits appear in specific statutes:
- Health care claims: in a wrongful death or survival action on a health care liability claim, total damages against physicians or health care providers are limited to $500,000 per claimant, adjusted by the consumer price index since 1977; the limit does not apply to medical, hospital and custodial care expenses (§74.303). Noneconomic damages in health care claims are also limited (§74.301).
- Government defendants: the Tort Claims Act limits a municipality's liability to $250,000 per person and $500,000 per occurrence for bodily injury or death, and other local units to $100,000 and $300,000 (§101.023).
- Exemplary (punitive) damages: generally limited to the greater of twice economic damages plus noneconomic damages up to $750,000, or $200,000, with exceptions for certain felonies (§41.008).
Frequently asked questions
Who can file a wrongful death lawsuit in Texas?
Civil Practice and Remedies Code Section 71.004 says the action is for the exclusive benefit of the surviving spouse, children and parents of the deceased, and any of them may bring it for all. If none files within three months, the executor or administrator must bring it unless they all request otherwise.
Is there a cap on wrongful death damages in Texas?
There is no single general cap. Limits apply in specific cases: health care liability claims (Section 74.303), claims against governmental units (Section 101.023), and exemplary damages (Section 41.008).
Sources
- Tex. Civ. Prac. & Rem. Code ch. 71 (§§71.002, 71.004, 71.021) (checked October 18, 2026)
- Tex. Civ. Prac. & Rem. Code §16.003 (checked October 18, 2026)
- Tex. Civ. Prac. & Rem. Code §§74.301, 74.303 (checked October 18, 2026)
- Tex. Civ. Prac. & Rem. Code §101.023 (checked October 18, 2026)
- Tex. Civ. Prac. & Rem. Code §41.008 (checked October 18, 2026)