Mark Anderson | January 26, 2026 | Wrongful Death
Losing a loved one due to another party’s negligence or wrongdoing is a life-altering experience. Texas law allows certain surviving family members to seek compensation through a wrongful death lawsuit, but the right to file such a claim is limited. Understanding who is legally eligible to bring a wrongful death claim in Texas is essential before pursuing a claim.
What Is a Wrongful Death Lawsuit in Texas?
A wrongful death lawsuit arises when someone dies because another person or company acted wrongfully, negligently, or carelessly. The Texas Wrongful Death Act governs these civil claims, which are separate from any criminal proceedings that may also occur.
The purpose of a wrongful death lawsuit is to compensate surviving family members for losses resulting from the death of a loved one, including loss of financial support, companionship, and emotional suffering.
Who Is Allowed to File a Wrongful Death Claim?
Texas law strictly limits who may file a wrongful death lawsuit under the Texas Wrongful Death Act. Only the following individuals are eligible:
1. The Surviving Spouse
A surviving spouse has the right to file a wrongful death lawsuit in Texas, regardless of how long the marriage has lasted. This applies to legally married spouses and common-law spouses under Texas law. A surviving spouse may bring the claim individually or together with other eligible family members.
2. The Children of the Deceased
Biological and legally adopted children of the deceased may file a wrongful death lawsuit in Texas. This includes both adult children and minor children. However, a minor child’s parent, legal guardian, or other authorized representative must file the lawsuit on the child’s behalf.
Stepchildren who were not legally adopted generally do not have standing to file a wrongful death lawsuit, even if they were financially dependent on the deceased.
3. The Parents of the Deceased
Both biological and adoptive parents of the deceased are eligible to file a wrongful death lawsuit. This applies whether the deceased was a minor or an adult at the time of death. In most cases, foster parents and stepparents who did not legally adopt the deceased are not eligible to bring a wrongful death claim.
Who Cannot File a Wrongful Death Lawsuit in Texas?
The loss of a loved one can profoundly affect many people, but Texas law strictly defines who may pursue a wrongful death claim.
Many individuals generally do not have the right to file a wrongful death lawsuit in Texas, including:
- Siblings
- Grandparents or grandchildren
- Fiancés or unmarried partners
- Friends or extended relatives
Even if these individuals suffered emotional or financial loss, Texas law generally does not permit them to bring a wrongful death claim.
What if Eligible Family Members Do Not File a Wrongful Death Lawsuit in Texas?
Sometimes, no eligible family member files a wrongful death lawsuit after a loved one’s death. When no surviving spouse, child, or parent files a wrongful death lawsuit within three months of the death, the personal representative of the deceased’s estate may file the claim.
Any damages recovered are for the benefit of the surviving spouse, children, and parents. The personal representative may not proceed if all eligible family members object.
How Long Do Eligible Family Members Have to File a Wrongful Death Lawsuit in Texas?
Wrongful death lawsuits in Texas are subject to a strict statute of limitations. In most cases, an eligible surviving spouse, child, or parent typically must file a wrongful death claim within two years from the date of death. If a lawsuit is not filed within the applicable limitations period, the claim may be permanently barred, regardless of its merits.
Limited exceptions to the two-year deadline may apply in certain circumstances, such as cases involving minors or certain defendants. These exceptions are narrow, however, and Texas courts generally enforce the statute of limitations strictly. Anyone who believes they may have a wrongful death claim should consider speaking with a lawyer as soon as possible.
Contact Our Fort Worth Wrongful Death Lawyers at Anderson Injury Lawyers for a Free Consultation
Texas law limits the right to file a wrongful death lawsuit to a surviving spouse, children, and parents of the deceased. Because strict rules govern eligibility, timing, and who may bring a claim, understanding these requirements is critical before pursuing legal action.
Failing to meet standing requirements or statutory deadlines can result in the loss of the right to recover damages. For that reason, families facing a potential wrongful death claim should consult a Fort Worth wrongful death lawyer for guidance. Call Anderson Injury Lawyers to schedule a free consultation today.
If you’ve been injured in an accident in Fort Worth, Dallas, or Austin and need legal help, contact our personal injury lawyers at Anderson Injury Lawyers to schedule a free consultation. We proudly serve Tarrant County, Dallas County, and throughout Texas.
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About the Author
Mark A. Anderson is the founder of Anderson Injury Lawyers and a Board Certified Personal Injury Trial Lawyer—an honor held by only a small percentage of Texas attorneys. He earned his law degree from Baylor University School of Law and has spent more than 20 years helping injury victims across Dallas, Fort Worth and Austin. Mark handles cases involving car accidents, truck accidents, product liability, wrongful death, catastrophic injuries, and more. Click here to view some of the successful case results Mark has achieved for his clients.
Location: Dallas, Fort Worth, and Austin, Texas
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