Wrongful death claims in Texas allow surviving family members to recover damages when a loved one dies due to someone else's negligence, recklessness, or intentional act. Texas has no cap on compensatory damages in most wrongful death cases (medical malpractice being the exception). The surviving spouse, children, and parents of the deceased are eligible to bring claims. A separate survival action may also be filed on behalf of the deceased's estate.
Get My Free Wrongful Death Estimate →The Texas Wrongful Death Act (Civil Practice & Remedies Code Chapter 71) permits the spouse, children, and parents of the deceased to file a claim within 2 years of the date of death. Recoverable damages include loss of financial support, loss of companionship and comfort, mental anguish, loss of inheritance, and funeral expenses. There are no caps on wrongful death damages except in medical malpractice cases. Punitive damages may be available.
Statute of Limitations
2 Years
Comparative Fault
51% Bar Rule
Damage Caps
No Cap
Texas wrongful death settlements typically range from $750,000 to $2,000,000 for cases involving moderate damages. Cases involving young breadwinners, egregious negligence, or multiple dependents can produce settlements and verdicts of $2,000,000 to $10,000,000+.
| Severity | Typical Settlement Range |
|---|---|
| Minor Injury | $250,000 |
| Moderate Injury | $750,000 - $2,000,000 |
| Severe / Catastrophic | $2,000,000 - $10,000,000+ |
These ranges are based on publicly available Texas verdict and settlement data. Actual outcomes vary based on specific facts and circumstances.
Our AI-powered estimator analyzes your wrongful death case details against thousands of Texas verdicts and settlements to give you a personalized estimate of what your case may be worth. It takes just a few minutes, is completely confidential, and costs nothing.
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Car Accident • Truck Accident • Medical Malpractice • Workplace Injury • Drunk Driving Accident • Construction Accident
Under the Texas Wrongful Death Act, the surviving spouse, children, and parents of the deceased can file a claim. If none of these file within 3 months, the estate's personal representative may file on their behalf.
Wrongful death settlements in Texas vary widely. Cases typically settle for $750,000 to $2,000,000. High-value cases involving young breadwinners, gross negligence, or commercial defendant liability can exceed $5,000,000 to $10,000,000+.
Recoverable damages include loss of financial support, loss of companionship, mental anguish, loss of inheritance, funeral and burial costs, and the deceased's pain and suffering before death (survival action). There are no caps except in medical malpractice cases.
No cap for most wrongful death cases. The only exception is medical malpractice wrongful death, where non-economic damages are capped at $250,000 per physician and $500,000 for institutions. Economic damages remain uncapped.
Yes. A wrongful death action compensates the family for their losses. A survival action compensates the estate for the deceased's own damages — pain and suffering, medical expenses, and lost earnings between injury and death. Both can be filed simultaneously.
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