A Death Somebody Caused
Civ. Prac. 71.004 — spouse, children and parents, then the estate after three months
In Texas, a person is liable for actual damages arising from an injury that causes an individual's death if the injury was caused by the person's, or the person's agent's or servant's, wrongful act, neglect, carelessness, unskillfulness or default.
For spouse, children and parents only. The action is for the exclusive benefit of the surviving spouse, children and parents of the deceased. Any of them may bring it, or one or more may bring it for the benefit of all.
Three months, then the estate. If none of them has begun the action within three calendar months after the death, the executor or administrator brings it, unless all of them ask the representative not to.
Damages. The jury may award damages in proportion to the injury resulting from the death, divided in the shares the jury finds among those entitled who are alive at that time.
Two years from the death. Suit for an injury resulting in death is brought not later than two years after the cause of action accrues, and it accrues on the death of the injured person.
The injured person's own claim survives too. A personal injury action does not end with the death of the injured person, or of the person liable; it survives to the heirs, legal representatives and estate.
| The question | The statute's answer |
|---|---|
| The questionWho files | The statute's answerThe surviving spouse, children or parents, any of them for all; the executor or administrator after three calendar months if none has |
| The questionFor whom | The statute's answerThe surviving spouse, children and parents |
| The questionHow long | The statute's answerTwo years, counted from the death |
Exemplary damages, defenses that carry over from the injured person, and how a child or parent is defined are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed Texas attorney.
Sources for this section (5)
- Civ. Prac. 71.002 — Cause of action
- Civ. Prac. 71.004 — Benefitting from and bringing action
- Civ. Prac. 71.010 — Award and apportionment of damages
- Civ. Prac. 71.021 — Survival of cause of action
- Civ. Prac. 16.003 — Two year limitations period
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.