What is Considered Wrongful Death?

Negligence can have unintended consequences. From doctors and medical providers to distracted drivers, a professional mistake can easily result in death. But does that mean every unintended death is a wrongful death? The short answer is no. The general rule is that if the deceased person could have pursued a personal injury case if they would have survived, then the immediate family can pursue a wrongful death case. A wrongful death claim exists when someone dies due to the legal fault of a negligent party.

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Who Can Bring a Wrongful Death Claim in Texas

Name: Janicek Law
Address: 1100 NE Interstate 410 Loop #600, San Antonio, Texas, 78209
Telephone: 210-366-4949

August 26, 2022
Wrongful Death

Who can bring a wrongful death claim in Texas? Janicek Law hopes to answer these questions for you.

If you lost a loved one due to someone else’s negligence, you need our skilled San Antonio wrongful death attorneys. Our experienced wrongful death attorneys can help you determine if your family members can sue for wrongful death in Texas. From here, we’ll work diligently to help surviving family members file a successful wrongful death claim.

Call 210-366-4949 to schedule a free consultation with a wrongful death attorney.

Who Can File a Wrongful Death Suit in Texas

Every state has its own laws regarding who can file wrongful death claims. Only certain family members can file a wrongful death claim in Texas. This includes the surviving spouse, children, and parents of unmarried children. Texas law does not make a distinction between legally adopted children and biological children.

More distant family members, like aunts and uncles, cousins, and unmarried partners, cannot pursue a wrongful death claim in Texas.

If an immediate family member does not file a wrongful death lawsuit within three months of the date of death, the executor of the will may file a wrongful death lawsuit. The executor of the will, sometimes referred to as a personal representative, can pursue a wrongful death claim in the deceased person’s name. The personal representative would not necessarily receive any of the compensation. It would instead be put into a special trust for the beneficiaries of the will.

Can a Fiancé File a Wrongful Death Lawsuit?

In most cases, a fiancé or boyfriend/girlfriend of the deceased cannot file a wrongful death lawsuit. Only an immediate family member, like the surviving spouse, can file wrongful death claims in Texas. If the family pursues a wrongful death claim, there’s no guarantee that financial dependents will receive financial compensation from a settlement.

If you find yourself in this situation, you may feel powerless. Contact an experienced attorney for a free initial consultation to discuss the legal process.

Wrongful Death Beneficiaries Texas

Under Texas law, wrongful death beneficiaries include the surviving spouse, children (including legally adopted children), and parents of the deceased person. These eligible family members can file a wrongful death claim to seek financial compensation for losses like emotional anguish, lost support, and funeral and burial expenses. If none of these beneficiaries file within three months, the representative of the deceased person’s estate may file the claim unless family members object.

Who Determines Cause of Death in Texas?

If the death is from natural causes, typically the attending physician or primary care doctor certifies the cause of death on the death certificate.

For deaths that are sudden, unexplained, occur within 24 hours of admission to a facility, or are suspicious, the Medical Examiner or a Justice of the Peace is responsible, after conducting an investigation or inquest, and potentially an autopsy, to determine the cause and manner of death.

When Can A Family Sue for Wrongful Death in Texas?

The general rule is that if the deceased person could have pursued a personal injury case if they would have survived, then eligible family members file a wrongful death claim in Texas. A wrongful death claim exists when someone dies due to the legal fault of a negligent party.

Wrongful Death Medical Malpractice Texas

Medical malpractice is the result of a trusted medical provider making a mistake that results in a patient’s death. Successful wrongful death claim types include birth injuries, medication errors, and nursing home abuse and neglect.

Consult a San Antonio malpractice attorney for a free initial consultation.

Car Accident

Even with updated safety equipment, fatal automobile accidents happen every day. Distracted, impaired, or careless drivers can and should be held responsible in a wrongful death claim. 18-wheeler accidents can cause multiple fatalities, and families can file a wrongful death claim for every person’s death.

Intentional Killing

When someone kills another person intentionally, they are usually charged with a crime and face jail time. They can also face a wrongful death lawsuit brought about by the victim’s surviving family members. Unlike a criminal case that has to prove beyond a shadow of a doubt, civil cases only have to prove that the defendant’s negligence caused the victim’s death.

Can You Sue Someone for Murder in Texas?

Yes, grieving families can sue someone for murder in Texas by filing a wrongful death claim. A wrongful death lawsuit allows certain family members to seek financial compensation from the responsible party for causing a death through a wrongful act or negligence, even if that wrongful act is murder. Eligible family members include the surviving spouse, children, and parents. Wrongful death claims are separate from any criminal proceedings and do not require a conviction to move forward with a wrongful death claim in Texas.

Wrongful Death vs Survival Action Texas

So, what’s the difference between wrongful death vs survival action in Texas?

In Texas, eligible family members file a wrongful death claim for what the surviving family members lost due to the individual’s death. A survival action claim is different. The survival claim covers what the deceased person went through before they died.

If the deceased person suffered pain, had outstanding medical bills, or lost wages before the individual’s death, survival action claims let the decedent’s estate sue for those things, just like it was a personal injury claim.

Who Can File Survival Action Claims in Texas?

Only the deceased person’s estate can file a survival action claim. That means the person in charge of the decedent’s estate, like the executor (if there’s a will) or a court-appointed administrator (if there isn’t), files survival action claims.

If no one’s been appointed yet, a legal heir can step in to get the process started. The money won in a survival claim goes to the decedent’s estate and is later split up between heirs or whoever’s named in the will.

How are Wrongful Deaths Proven?

Depending on the specific case, a qualified wrongful death lawyer can pursue a few different methods to prove wrongful death. In most cases, your legal team must prove the 4 D’s of negligence: there was a duty of care that the defendant owed, the defendant breached it, and their actions resulted in a death. Medical providers owe a professional duty of care to their patients. If a maternity nurse neglects to call the doctor when a fetus is in distress, they are breaching their duty of care. If the patient dies because of their neglect, that would be grounds for a wrongful death action.

Who Can Be Sued for Wrongful Death?

Wrongful death actions can be brought against any responsible party. This can include physicians, hospitals, bartenders, and even people who own property where the deceased person was injured. Anyone responsible in a wrongful death suit can be held financially liable.

Texas Wrongful Death Statute of Limitations

A wrongful death action needs to be filed within 3 months by an immediate family member. After this period, the executor of the deceased person’s estate can pursue damages in a wrongful death case. Overall, wrongful death lawsuits in Texas have to be filed within two years.

Discovery Rule for Wrongful Death Claims in Texas Courts

In Texas courts, the discovery rule can extend the time to file a wrongful death claim if the family members did not know and could not have reasonably known that the deceased person’s death was caused by a wrongful act. Normally, the Texas wrongful death statute allows two years to file, but this rule delays that deadline until the harm is discovered or should have been discovered through reasonable diligence. This rule may apply in wrongful death cases involving medical negligence, concealed evidence, or delayed findings of gross negligence.

Texas Wrongful Death Damages: Financial Compensation For the Victim’s Family Members

No lawyer can tell you what the recovery from a wrongful death lawsuit can be without extensive research into the claim. Depending on the exact circumstances surrounding both the death and the life of the deceased person, wrongful death settlements can include economic and non-economic damages.

Economic damages, or pecuniary injuries, are costs that are easily defined. They are meant to restore someone to the lifestyle they had before the injury. Some examples of economic damages include:

Medical expenses
Funeral expenses
Lost wages
Lost earning capacity

Non-economic damages in Texas are harder to quantify. These damages include:

Pain and suffering
Lost companionship
Emotional distress
Loss of consortium

Exemplary Damages in Texas Wrongful Death Claims

In Texas wrongful death lawsuits, a jury may award punitive damages, or exemplary damages, when a death results from a willful act or gross negligence. These damages are not meant to compensate family members but to punish the defendant. Under Texas Civil Practice and Remedies Code § 71.009, only the surviving spouse, children, or parents may recover these damages in a wrongful death case.

When Can Family Members Seek Punitive Damages Under Texas Law

Under Texas law, families can ask for punitive damages in a wrongful death case when the person who caused the death did something really bad. These are not just careless, but dangerous on purpose, or clearly didn’t care if someone got hurt.

Examples of Gross Negligence in Texas Wrongful Death Claims

If a truck driver was falling asleep but kept driving and crashed and killed another person, and the company knew the driver was too tired to be safe, that’s gross negligence.
If a nurse purposely gave someone the wrong medication out of anger and the person died, that’s a willful act.
If a business ignored repeated safety warnings about a gas leak and an explosion killed a worker, that shows they knew the risk and did nothing.

Punitive damages aren’t about paying the family back. They’re about punishing the bad behavior and sending a message: don’t ever do this again. Only the person’s surviving spouse, children, or parents can ask for this under Texas law.

Texas Wrongful Death Damages Cap

Texas damage caps apply only in wrongful death cases caused by medical malpractice. Non-economic damages are capped under Texas law to $250,000 per healthcare provider, with a maximum of $500,000 total for all providers combined. These Texas wrongful death limits do not affect the actual damages arising financially, like outstanding medical bills, funeral expenses, or lost wages. In all other wrongful death claims, such as fatal car crashes or workplace accidents, there are no damage caps under Texas law.

who can file a wrongful death suit texas

Legal Representation for Bexar County Wrongful Death Cases: Call for a Free Consultation

At Janicek Law, we fight for families to receive fair compensation from the at-fault party. Our law firm has been fighting for injured victims and their families for over two decades; let us fight for you. For legal representation that you can trust, choose a wrongful death attorney from Janicek Law. Call us today for a free evaluation at 210-366-4949 and begin your attorney-client relationship.

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   Yvette Ramirez 
 1 October 2026
 
 
 Trustindex verifies that the original source of the review is Google. Mr. Andrew Skemp and Gabby his assistant are the best. Very knowledgeable and were amazing in my case. I am very pleased and thankful of the outcome. If I could give more stars I would. I extremely and  highly recommend them.
  
 
       
   Natasha Garza 
 31 August 2026
 
 
 Trustindex verifies that the original source of the review is Google. We had an amazing experience with Janicek Law from beginning to end. Karen Rangel recommended us to Cassidy Muniz, and we are so thankful she did. Cassidy assisted myself, my husband, and our two daughters, and all four of us are extremely happy with the experience and outcome.

Cassidy truly went above and beyond for our entire family. She was always responsive, patient, professional, and helpful, and she kept us informed throughout the entire process. Everything went smoothly, we had no issues, and she made what could have been a stressful situation so much easier for us.

The entire team at Janicek Law is amazing, and we felt like we were in great hands from start to finish. We are incredibly grateful to Karen for recommending Cassidy and especially grateful to Cassidy for everything she did for our family.

We would 100% recommend Cassidy and Janicek Law to anyone looking for a team that truly cares about their clients. Thank you all so much for everything! ❤️
  
 
       
   Alex McWhirter 
 18 August 2026
 
 
 Trustindex verifies that the original source of the review is Google. We were referred to Janicek Law firm from a lawyer in Brownsville, who pointed out that they are experts in the field of medical malpractice and I am so grateful. We worked with Andrew and Gaby and they were dedicated and worked hard to get us the best possible outcome. They kept us informed and updated through every step of the process, always with a friendly and very professional disposition. Despite language and distance challenges, they accommodated all of our needs, and I would highly recommend Janicek Law Firm. They made a bad situation better by listening to our concerns, helping us through a sorrowful time for my family, and advising on how to defeat our opponent. For any families that have a beloved and elderly relative who suffered in the hands of callous and neglectful medical institutions, Janicek Law Firm were amazing in advocating for our relative and making these corporate entities accountable. Thank you, Andrew and Gaby, we really appreciated your help!
  
 
       
   Heidi Soto 
 8 August 2026
 
 
 Trustindex verifies that the original source of the review is Google. Mr Bernal and Karen were great. They always kept me up to date on all that was going on at all times. When it came down to mediation Mr Bernal knew exactly what to do and say to make things clear with the insurance company who wanted to take advantage of me. I highly recommend Mr Bernal if you ever are in an accident. He will definitely take care of you.
  
 
       
   Lucy 
 30 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. I am beyond thankful for everyone at Janicek law for the professionalism, dedication, and support you all have showed throughout my lawsuit. From the very beginning, you all made a difficult and stressful situation much easier to navigate! Thank you for taking the time to answer my questions, keeping me informed every step of the way and making this process as stress free as possible! I can without a doubt definitely recommend this law firm!
  
 
       
   Iris Contreras 
 16 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. I have started this review so many times, but every time I do, I realize there simply aren't enough words to thank the people at Janicek Law.
Almost 3 years ago, my world ended. I lost my son, Zayden—the greatest love of my life. My other son, Zy, witnessed the unimaginable that day. He carries those memories with him every single day, and we are forever grateful that he is still here because we very easily could have lost him too. Our family didn't just experience a tragedy—we experienced trauma that changed us forever.
When I first met the team at Janicek Law, I wasn't just grieving. I was broken. I was a mother trying to survive the unthinkable while helping my surviving son heal from something no child should ever witness. I didn't know if I had the strength to keep fighting.
There were so many moments when I wanted to give up. Every deposition, every conversation, every piece of evidence forced me to relive the worst day of my life. I told them I couldn't do it anymore. But they never let me forget why we were fighting. They reminded me that Zayden deserved justice. They reminded me that Zy deserved justice. They believed in my family even when I couldn't believe in myself.
What makes Janicek Law different is that this was never just a job to them. They never made me feel like another client or another case number. They knew my children by name. They celebrated Zayden's life. They cried with us, prayed with us, hugged us, encouraged us, and walked beside us through every heartbreaking step. They carried a piece of this burden with us, and I will never forget that.
Even after the case was over, they didn't disappear. They still answer my calls. They still help me with paperwork. They still check on me. They still make me feel like my family matters. That's something you cannot fake. That's love. Somewhere along the way, I stopped seeing them as "my attorneys" and started seeing them as family. And I truly believe I have a family for life.
No amount of money will ever bring my little boy back. I would trade every penny to hear his laugh one more time. But because of Janicek Law, I have peace knowing that his life mattered, his story was heard, and that they fought for my boys with everything they had.
From the deepest part of a mother's heart... thank you. Thank you for loving my children. Thank you for never giving up on us when I wanted to give up myself. Thank you for standing beside us through the darkest chapter of our lives. You gave my family more than legal representation—you gave us hope, dignity, and people we will love for the rest of our lives. You helped a grieving mother find the strength to be the voice her son no longer had. In a world that can feel so unfair, you reminded me that there are still genuinely good people. We love each and every one of you, and we will never forget what you did for Zayden, for Zy, and for us.❤️
  
 
       
   Destiny Sanchez 
 14 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. My friend Karen referred us to Janicek law firm and I am so grateful. We worked with cassidy moving forward and she went above and beyond while helping me with my accident case. From the very beginning, she was professional, knowledgeable, and always available to answer my questions. She kept me informed throughout the entire process and made a stressful situation much easier to handle. Her dedication, hard work, and attention to detail truly made a difference in my case. I am incredibly grateful for everything she did for me and my family. I would highly recommend Cassidy and Janicek Law Firm, who genuinely cares about clients and fights for the best possible outcome. Thank you cassidy for everything!
  
 
       
   Virginia-Ann Bernal 
 8 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. After my accident, I felt overwhelmed and had no idea what to do next. Choosing Janicek Law Firm was one of the best decisions I could have made. From the very beginning, Philip Bernal,  Cassidy Muniz, and Karen Rangel took the time to explain the process, answer my questions, and make sure I always knew what to expect.

Cassidy and Karen were  absolutely incredible throughout my entire case. They coordinated my medical care, helped with scheduling appointments, communicated with my insurance, and was always available whenever I needed guidance or reassurance. Their compassion and dedication truly made a difficult time so much easier.

The entire team worked hard to build my case, keeping me informed every step of the way, and ultimately secured a settlement I was very happy with. More importantly, they gave me the peace of mind to focus on healing instead of worrying about the legal process.

I can’t thank Philip, Cassidy, Karen and everyone at Janicek Law Firm enough for their professionalism, kindness, and commitment. If you’re looking for a law firm that genuinely cares about its clients, I highly recommend them. THANK YOU SOO MUCH!!
  
 
       
   Corey Sil 
 29 June 2026
 
 
 Trustindex verifies that the original source of the review is Google. Mr. Skemp and Gaby took care of everything and made my suit for Wrongful Death as easy as possible. I couldn’t have done any of this with out them! They honored and represented my Mother to the fullest and for that I am greatful! G. Silvas
  
 
       
   Jasub Baez 
 22 June 2026
 
 
 Trustindex verifies that the original source of the review is Google. Good lawyers .
  
 
 
 
  
 
   Google rating score: 4.8 of 5, based on 359 reviews

Janicek Law handled my case with such professionalism. I was always kept in the loop about what was going on with my case. Cassidy Muniz is amazing at what she does and I really felt like they actually cared about me and my case. Highly recommend Janicek Law Firm!

I could not be happier with the service and compassion from the Janicek Law Firm. They were friendly, responsive and knowledgeable throughout the entire process. I would give ten stars if I could – They are excellent!

Janicek Law was patient and understanding to my situation – it’s a fight – but they would make my father proud. Thanks you for taking the time to look over my case and speaking up for my family.

Beth and Mona have been truly helpful with our case! They have really done an amazing job. I would highly recommend them to anyone I know.

Incredibly talented and knowledgeable attorneys that will fight negligent nursing homes and bring Justice to the elderly and their families.

I am very happy and pleased with the Janicek Law Firm. I had such a difficult time finding someone to look into my case. The Janicek Law Firm has been very professional and attentive to my questions. They will take the time and review your situation and have been very dedicated in reviewing my case.