When someone dies because of another party’s negligence in Dallas-Fort Worth, the law doesn’t leave the family with the same claim the person would have had if they’d survived. Texas replaces it with two separate, statutory claims — a wrongful death claim and a survival claim — and each has its own rules about who can bring it and what it covers. Both are found in Texas Civil Practice and Remedies Code Chapter 71.
Who Can Bring a Wrongful Death Claim in Texas
Texas Civil Practice and Remedies Code § 71.004 limits wrongful death beneficiaries to a specific list: the surviving spouse, children, and parents of the person who died. Siblings, grandparents, unmarried partners, and other relatives — however close — are not included, and that omission is deliberate in the statute, not an oversight. Any one of the eligible beneficiaries can bring the claim on behalf of all of them, and if none of them files within three months of the death, the executor or administrator of the estate may bring it unless all the beneficiaries request otherwise.
The Wrongful Death Claim vs. the Survival Claim
The two claims compensate different losses. The wrongful death claim belongs to the surviving family members and addresses what they lost: financial support, companionship, and mental anguish. The survival claim (Texas Civil Practice and Remedies Code § 71.021) belongs to the estate and addresses what the deceased person themselves experienced before death — the pain and suffering between injury and death, and medical expenses incurred in that window. A single death often supports both, brought together in one lawsuit but with different plaintiffs and different measures of loss.
The Deadline Is Measured From the Death
A wrongful death claim in Texas generally must be filed within two years of the death itself under Texas Civil Practice and Remedies Code § 16.003 — not from the date of the underlying injury, if the two are different. When a person is injured, survives for a period, and then dies, that distinction matters: the wrongful death clock starts at death, while the survival claim’s clock relates back to the injury and may already be running.
When the Death Involves Medical Care
If the death resulted from medical treatment, the wrongful death claim becomes a health care liability claim under Chapter 74 as well — which means the expert report requirement, the two-year medical malpractice limitations rule, and Chapter 74’s separate damages framework all apply on top of Chapter 71’s beneficiary rules. A wrongful death case arising from care at a DFW hospital is effectively subject to two statutory frameworks at once, and both have to be satisfied.
The Bottom Line
A Texas wrongful death claim isn’t the deceased person’s claim continued — it’s a separate statutory claim limited to spouses, children, and parents, running alongside a survival claim that belongs to the estate. The two-year deadline generally runs from the death, and if medical care was involved, an entirely second set of procedural rules applies.
Frequently asked questions
Under Texas Civil Practice and Remedies Code Section 71.004, only the surviving spouse, children, and parents of the deceased. Siblings, grandparents, and unmarried partners are not included.
The wrongful death claim belongs to the family and covers their losses; the survival claim belongs to the estate and covers what the deceased person experienced between injury and death.
Generally two years from the date of death itself, not from the underlying injury — a distinction that matters when a person is injured, survives for a time, and then dies.
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Get MatchedThis article is for general information only and is not legal advice. Awesome Attorneys does not represent that any outcome described is typical or guaranteed. Consult a licensed Texas attorney about your specific situation.