Morris & Dewett has handled wrongful death cases for 25 years.
What Is a Wrongful Death Claim Under Texas Law?
Texas Wrongful Death Act
Tex. Civ. Prac. & Rem. Code Chapter 71. This statute gives surviving spouses, children, and parents the right to sue for their own losses when a family member is killed by another’s wrongful conduct.
Texas Texas Wrongful Death Act (Tex. Civ. Prac. & Rem. Code Ch. 71) gives specific family members the right to sue for compensation when someone dies due to another’s wrongful act. This right does not exist under common law. Without the statute, there would be no claim.
Three elements are required under CPRC 71.003. First, a person must have died. Second, the death must have been caused by another’s wrongful act, neglect, carelessness, unskillfulness, or default. Third, the deceased must have had a viable personal injury claim against the defendant had they survived. If any element is missing, the claim fails.
Survival Action
Under CPRC 71.021, the decedent’s own personal injury claim does not die with them. It survives to the estate, heirs, and personal representatives, who can pursue it alongside a wrongful death claim.
Texas also has a separate Survival Action under CPRC 71.021. This is distinct from the wrongful death claim. The wrongful death claim compensates surviving family members for their own losses. The survival action compensates the estate for what the deceased personally experienced before death: pre-death pain and suffering, medical expenses, and lost earning capacity from the moment of injury until death.
Both claims can proceed simultaneously.
Learn more about the Longview personal injury practice
Who Can File a Wrongful Death Claim in Texas?
Texas restricts who may bring a wrongful death claim. CPRC 71.004 limits claimants to three categories: surviving spouse, surviving children (including adopted children), and surviving parents (natural or adoptive). That is the entire list.
Siblings cannot file. Grandchildren cannot file. Stepparents who did not formally adopt the deceased cannot file. Divorced spouses cannot file. This is a hard statutory limit, not a discretionary one. Courts do not expand the list.
If none of the eligible beneficiaries files within three months of the death, CPRC 71.004(b) requires the executor or administrator of the estate to bring the action. This exists to prevent the claim from going unpursued because family members are too overwhelmed to initiate it.
When multiple eligible beneficiaries exist, they may file jointly or separately. Damages are apportioned among them. The survival action, by contrast, is broader. Under CPRC 71.021, the decedent’s pre-death claim belongs to the estate and can be pursued by heirs or legal representatives regardless of whether they qualify as wrongful death beneficiaries.
The Two-Year Statute of Limitations for Wrongful Death in Texas
Texas law gives wrongful death claimants two years to file suit. CPRC 16.003(b) sets this deadline. The clock starts on the date of death, not the date of the underlying accident (which may differ when someone survives an injury for days or weeks before dying).
Two years sounds like sufficient time. It is not, in practice. The evidence that matters most disappears quickly. Accident scenes change. Surveillance footage is overwritten. Witnesses’ memories fade. Electronic data on commercial vehicles is often preserved only if a legal hold notice is sent within weeks of the death. The investigation that strengthens a claim requires starting immediately.
Tolling applies in narrow circumstances. Under CPRC 16.001, the limitations period is tolled for a surviving child-claimant who is a minor at the time of the death. The clock does not start running for that child until they turn 18. They then have two years from their 18th birthday. Tolling does not apply to grief, difficulty locating an attorney, or other practical obstacles. Missing the deadline extinguishes the claim permanently.
What We Handle
Longview Practice Areas
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Car Accidents Rear-end, intersection, and highway collisions across Louisiana. -
Truck Accidents 18-wheeler and commercial-vehicle wrecks governed by federal trucking rules. -
Motorcycle Accidents Serious-injury motorcycle crashes where bias against riders is common. -
Pedestrian Accidents Crosswalk and roadway pedestrian injuries with high-stakes liability. -
Premises Liability Slip-and-fall and unsafe-property injuries on someone else's premises. - Slip & Fall Falls caused by wet floors, poor maintenance, and hidden hazards.
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Catastrophic Injury Brain, spinal-cord, amputation, and severe-burn injuries that change a life. -
Brain Injury Traumatic brain injuries with long-term cognitive and physical effects. -
Burn Injury Severe burns from fires, explosions, chemicals, and electrical contact. -
Wrongful Death Claims brought by families after a fatal accident or act of negligence. -
Product Liability Injuries caused by defective or unreasonably dangerous products. -
Offshore Accidents Rig, platform, and vessel injuries beyond the shoreline. -
Maritime & Jones Act Jones Act and general-maritime claims for seamen and vessel crews. -
Workers' Compensation On-the-job injuries and the benefits owed to injured workers.
Damages Available in a Texas Wrongful Death Claim
Texas wrongful death recoverable damages include pecuniary loss, loss of companionship and society, mental anguish, loss of inheritance, and survival action damages from the estate. Each category requires different evidence to prove.
Pecuniary loss
The financial value of what the deceased would have contributed to the family over their expected lifetime, including wages, benefits, household services, and financial support.
Pecuniary loss is the foundational damages category. It requires documenting the deceased’s earning history, career trajectory, age, and life expectancy. Economic experts convert this to a present-value calculation.
Loss of companionship and society is available to surviving spouses and children. It compensates for the loss of the love, affection, comfort, and guidance the deceased provided. This is distinct from grief. Texas law recognizes that a parent, spouse, or child provides ongoing relational value that has legal worth separate from their economic contributions.
Mental anguish damages are available to surviving spouses and children. They require evidence of a high degree of mental pain and distress beyond ordinary grief. Courts and juries look at the nature and depth of the relationship, medical treatment for grief-related conditions, and the circumstances of the death itself.
Loss of inheritance represents the present value of what the beneficiaries reasonably expected to inherit. This requires actuarial analysis.
Survival Action
A claim under CPRC 71.021 that the decedent’s estate brings to recover losses the deceased personally suffered before death, including pre-death pain and suffering, medical expenses, and lost earnings from injury to death.
The Survival Action recovers damages for the estate: pre-death medical expenses, the decedent’s own pain and suffering, and lost earning capacity from the date of injury to the date of death.
Exemplary damages
Known elsewhere as punitive damages. Available in Texas under CPRC 41.008 when the defendant’s conduct was grossly negligent or intentional. Requires proof by clear and convincing evidence.
Exemplary damages are available when death resulted from gross negligence or an intentional act. CPRC 41.008 caps them at the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000. This cap does not apply to intentional crimes such as murder. Exemplary damages require proving the defendant consciously disregarded a substantial risk of serious harm.
Standard wrongful death cases have no cap on compensatory damages. The medical malpractice cap under CPRC 74.303 applies only to medical malpractice wrongful death claims, not to vehicular, premises liability, or product liability deaths.
Common Causes of Wrongful Death Claims in Longview and Gregg County
Wrongful death claims in Longview and Gregg County most commonly arise from motor vehicle accidents, commercial truck accidents on I-20, workplace deaths in oilfield and industrial operations, premises liability at commercial properties, defective products, and medical malpractice. Each category involves different legal theories, liable parties, and evidence requirements.
Motor vehicle accidents are the most common source. The US-259 corridor, SH-149, Loop 281, and I-20 east of Longview generate significant traffic fatalities involving passenger vehicles, motorcycles, and pedestrians. Liability depends on establishing the driver’s negligence: speeding, distracted driving, intoxication, or traffic violations.
Commercial Truck Accidents
Federal Motor Carrier Safety Administration
FMCSA. The federal agency that regulates commercial trucking. Its rules govern driver hours, vehicle maintenance, cargo securement, and carrier safety ratings. Violations of FMCSA regulations can establish negligence per se.
Commercial truck accidents on I-20 and US-80 involve multiple potential defendants beyond the driver. The carrier, the cargo loader, the shipper, the truck manufacturer, and third-party maintenance contractors can all carry liability. Federal Motor Carrier Safety Administration regulations govern driver hours of service, vehicle maintenance, cargo securement, and the carrier’s overall safety rating. Violations create negligence per se claims. ELD data and black box ECM records are critical and must be preserved immediately.
Learn about big truck accident claims in Longview
Workplace Deaths
Non-subscriber employer
A Texas employer that has opted out of the workers’ compensation system under Tex. Labor Code 406.002. Non-subscriber employers lose three statutory defenses: contributory negligence, assumption of risk, and the fellow-servant doctrine. This makes them significantly more exposed to negligence liability.
Gregg County’s industrial and oilfield economy produces workplace fatalities. Under Texas Labor Code 406.002, private employers can opt out of the workers’ compensation system entirely. Non-subscriber employer employers are stripped of three defenses: contributory negligence, assumption of risk, and the fellow-servant doctrine. This significantly changes the litigation dynamics. Third-party contractor liability also applies when a worker dies due to a contractor’s negligence on a multi-employer job site.
Premises Liability Deaths
Invitee
A person who enters property for the mutual benefit of themselves and the owner, such as a customer or business visitor. Property owners owe invitees the highest duty: ordinary care plus a duty to inspect and discover dangerous conditions.
Deaths at Gregg County commercial properties, warehouses, restaurants, and entertainment venues fall under Texas premises liability law. The duty owed depends on the deceased’s status. Invitee status carries the highest duty. Licensee status (social guest) carries a lower duty. Trespassers are owed only a duty not to willfully or wantonly injure them. CPRC Chapter 75 limits liability for recreational land use.
Defective Products and Medical Malpractice
Product liability deaths involve the manufacturer, designer, or distributor. Medical malpractice deaths are governed by CPRC Chapter 74. The $250,000 noneconomic damages cap per individual provider applies. An expert report must be served within 120 days of filing under CPRC 74.351. Medical malpractice wrongful death cases require attorneys with specific experience in the expert report process.
See premises liability cases in Longview
Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.
Proportionate Responsibility and Wrongful Death in Texas
proportionate responsibility
Texas’s fault allocation system under CPRC Chapter 33. Each party’s percentage of fault is determined. If the plaintiff’s (or decedent’s) share exceeds 50 percent, recovery is barred entirely. Below 50 percent, damages are reduced proportionately.
Texas applies proportionate responsibility to wrongful death claims. If the deceased was partly responsible for the circumstances that caused their death, damages are reduced by that percentage. At 51 percent or more, recovery is barred entirely.
This rule becomes a primary defense target in many cases. Insurance adjusters and defense attorneys build fault arguments against the deceased specifically because increasing the decedent’s fault percentage reduces or eliminates the claim.
Under CPRC 33.004, defendants can designate responsible third parties to split the fault allocation across more parties. This dilutes each defendant’s share. Claimants have 60 days after a responsible third party designation to add that party as a defendant. Missing that window means accepting the allocation as presented by the defense.
Texas does not allow direct action against insurers. Suit is filed against the tortfeasor. The insurer’s identity and policy limits are generally not admissible at trial. After a judgment or settlement, collection proceeds against the insurer.
Your Longview Injury Attorneys
Founding partners Trey Morris and Justin Dewett lead every Longview injury case Morris & Dewett takes.
How the Gregg County Court Process Works
Wrongful death suits in Gregg County are filed in the District Courts of Gregg County. The 188th and 124th Judicial District Courts handle civil cases of this type. Venue is generally proper where the death occurred, where the defendant resides, or where the defendant does business under CPRC 15.002.
Gregg County Probate Court
The Gregg County court that handles estate administration, heirship determinations, and appointment of executors and administrators. When a survival action is filed alongside a wrongful death claim, the estate must be properly represented, which requires letters testamentary or letters of administration issued by this court.
Gregg County Probate Court handles estate matters relevant to survival actions. When a survival action runs alongside a wrongful death claim, the estate must be formally represented. Letters testamentary or letters of administration are typically required before filing the survival claim. This involves a separate proceeding in Gregg County Probate Court.
Mediation is standard before trial in Gregg County wrongful death cases. Most cases resolve at or before the mediation stage. If mediation fails, the case proceeds to jury trial in district court. Juries decide proportionate responsibility percentages and damage amounts.
Familiarity with local practice, the judges assigned to these courts, and Gregg County jury tendencies affects case strategy from filing through mediation.
What Evidence Matters in a Wrongful Death Case
Evidence preservation is time-sensitive in wrongful death cases. Several categories of evidence have short windows before they are lost or destroyed.
Accident reconstruction requires documenting the scene before it changes. Physical evidence, road conditions, and vehicle positioning must be documented immediately. In commercial truck accidents, the driver’s logs, electronic logging device data, black box ECM records, and carrier inspection reports are critical. Federal regulations require carriers to retain certain records for defined periods, but those windows are finite. A preservation letter sent to the carrier within days of the death can prevent intentional or inadvertent destruction.
Medical records establish cause of death and document pre-death treatment and suffering. Employment and tax records establish pecuniary loss. Expert testimony converts these into a damages calculation: life expectancy tables, actuarial analysis for loss of inheritance, and economic expert analysis for present value of future support.
Witness statements and surveillance footage have particularly short windows. Surveillance footage at commercial properties is often overwritten within 30 to 90 days. Eyewitnesses’ recollections degrade over time and are subject to contamination from media coverage or talking with others.
Stowers doctrine
A Texas common law rule requiring an insurer to accept a reasonable settlement demand within policy limits when the facts make the insurer’s liability reasonably clear. If the insurer refuses and a verdict exceeds the policy, the insurer is personally liable for the excess judgment.
The Stowers doctrine has direct relevance when wrongful death damages clearly exceed the at-fault party’s coverage limits. If the liability insurer is presented with a reasonable settlement demand within policy limits and refuses, it can be held liable for any excess verdict. An attorney managing a wrongful death case with clear excess exposure should be sending a Stowers demand.
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Reviews reflect individual client experiences. Past results do not guarantee future outcomes.
How the Wrongful Death Legal Process Works
A Longview wrongful death case moves through six stages: initial consultation, investigation and evidence preservation, demand to the liability insurer, filing suit in Gregg County District Court, mediation, and trial if mediation fails.
The initial consultation establishes whether a viable claim exists. A competent attorney will identify all eligible claimants under CPRC 71.004, confirm the claim is within the two-year statute of limitations, and identify all potential defendants. This is also when contingency fee terms are discussed. Texas wrongful death attorneys typically handle these cases on a contingency fee: no fee unless there is a recovery.
The investigation phase begins immediately after retention. Preservation letters go out to defendants and carriers. The accident scene is documented. Medical records and employment records are gathered. Expert witnesses are identified and retained early because scheduling and availability affect timeline.
A demand package is submitted to the liability insurer after investigation is complete. The Stowers doctrine creates legal pressure on the insurer to engage in good faith. If the insurer rejects a reasonable demand within policy limits, they accept the risk of excess liability.
If no settlement is reached, the petition is filed in Gregg County District Court. The defendant is served. Discovery begins: depositions, interrogatories, document requests. Expert witness reports are exchanged. Gregg County courts typically require mediation before trial. Most wrongful death cases resolve at mediation.
If mediation fails, the case proceeds to jury trial. The jury determines proportionate responsibility percentages and damage amounts.
Frequently Asked Questions
- Who can file a wrongful death lawsuit in Texas?
- Only three categories of people may file under the Texas Wrongful Death Act (CPRC 71.004): surviving spouses, surviving children (including adopted children), and surviving parents (natural or adoptive). Siblings, grandchildren, stepparents who did not formally adopt the deceased, and divorced spouses cannot file. If none of the eligible beneficiaries files within three months of the death, the estate's executor or administrator must bring the claim.
- How long do I have to file a wrongful death claim in Texas?
- Two years from the date of death under CPRC 16.003(b). The clock runs from the death date, not the date of the underlying accident. For a surviving child-claimant who is a minor at the time of the death, CPRC 16.001 tolls the period until they turn 18, giving them until age 20. Missing the deadline permanently extinguishes the claim.
- What damages are available in a Texas wrongful death case?
- Available categories include: pecuniary loss (the deceased's financial contributions to the family), loss of companionship and society (available to spouse and children), mental anguish (available to spouse and children, not parents), and loss of inheritance (what the beneficiaries expected to inherit). The survival action recovers the estate's losses: the deceased's pre-death medical expenses, pain and suffering, and lost earnings from injury to death. Exemplary damages under CPRC 41.008 are available when death resulted from gross negligence or intentional conduct, subject to a statutory cap. There is no cap on compensatory damages in standard wrongful death cases.
- What is the difference between a wrongful death claim and a survival action in Texas?
- A wrongful death claim (CPRC Ch. 71) compensates the surviving family members for their own losses. A survival action (CPRC 71.021) compensates the estate for what the deceased personally suffered before dying: pre-death pain and suffering, medical expenses, and lost earning capacity from injury to death. The eligible claimants differ: wrongful death claimants are limited to spouse, children, and parents, while the survival action belongs to the estate and can be pursued by heirs or legal representatives regardless of wrongful death eligibility. Both claims can proceed in the same lawsuit.
- Can parents file a wrongful death claim if their adult child dies in Texas?
- Yes. CPRC 71.004 includes surviving parents without any age restriction on the deceased child. Natural and adoptive parents are eligible. Stepparents who did not formally adopt the child are not eligible. Parents can recover pecuniary loss and loss of companionship. Mental anguish damages are available only to surviving spouses and children under the Wrongful Death Act, not parents.
- What happens if the deceased was partly at fault for the accident that caused their death?
- Texas applies proportionate responsibility under CPRC Chapter 33. If the deceased was partly at fault, damages are reduced by their fault percentage. If the deceased is found 51 percent or more responsible for their own death, the family recovers nothing. Insurance adjusters routinely build fault arguments against the deceased to reduce or eliminate claims. The deceased's fault percentage is determined by the jury, which is why thorough pre-trial investigation and accident reconstruction matter significantly.
- Does Texas cap damages in wrongful death cases?
- Standard wrongful death cases have no cap on compensatory damages. Exemplary damages are capped under CPRC 41.008 at the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000. Medical malpractice wrongful death claims are subject to a separate cap under CPRC 74.303 that limits total damages (economic and noneconomic combined); that cap is indexed to inflation and exceeds $2.5 million as of 2025. Outside of medical malpractice and exemplary damages, Texas does not cap wrongful death recovery.
- What is the role of the Gregg County Probate Court in a wrongful death case?
- When a survival action runs alongside a wrongful death claim, the deceased's estate must be formally represented. Gregg County Probate Court issues letters testamentary (if the deceased had a will) or letters of administration (if there was no will), authorizing a person to act on behalf of the estate. These documents are typically required before the survival action can be filed. The wrongful death claim itself does not require probate court involvement, but coordinating both claims usually means working with Gregg County Probate Court during the early stages of the case.
- How much does it cost to hire a wrongful death attorney in Texas?
- Wrongful death attorneys in Texas handle these cases on contingency. The attorney receives a percentage of the recovery only if the case succeeds. If there is no recovery, the client owes no attorney fee. Contingency percentages vary by firm and case complexity. Some expenses (expert fees, court filing costs) may be advanced by the firm and reimbursed from the recovery.
- What is the Stowers doctrine and how does it affect my wrongful death case?
- The Stowers doctrine is a Texas common law rule requiring a liability insurer to accept a reasonable settlement demand within policy limits when the facts make the insurer's liability reasonably clear. Three elements must be met: the demand is within policy limits, it addresses claims covered by the policy, and a prudent insurer would accept it. If the insurer refuses and the jury returns a verdict exceeding the policy limits, the insurer is personally liable for the entire excess judgment. In wrongful death cases where damages clearly exceed the at-fault party's coverage, a Stowers demand creates significant leverage for the claimant.
Last updated June 5, 2026