If you have lost a loved one due to someone else’s negligence in Texas, understanding your legal rights is a critical first step toward justice. This guide covers Texas’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Texas allows family members to file directly and imposes no caps on general wrongful death claims, making it one of the more plaintiff-favorable states for non-medical malpractice cases.
Texas Wrongful Death Laws
The Texas Wrongful Death Statute
Texas’s wrongful death law is governed by Texas Civil Practice & Remedies Code § 71.001. The statute allows specified family members to file directly.
Who Can File
Texas allows the spouse, children, or parents of the deceased to file directly. If none of them file within three months of the death, the Personal Representative of the estate may file – unless the family members request otherwise.
Statute of Limitations
Texas imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Texas allows recovery for pecuniary loss, loss of companionship, mental anguish, and funeral expenses. For general wrongful death claims, there are no caps. Medical malpractice wrongful death claims have a complex two-layer cap structure. First, non-economic damages are capped: $250,000 per claimant from all individual health care providers combined, plus $250,000 per claimant per health care institution (maximum $500,000 from multiple institutions), for a total non-economic maximum of $750,000 when both provider and institutional defendants are named. Second, for wrongful death and survival claims specifically, Texas Civil Practice & Remedies Code § 74.303 imposes a separate overall damages cap (economic + non-economic combined, except past/future medical expenses), indexed to inflation — currently approximately $1.9 million per claimant as of 2025. Economic damages for medical expenses remain fully uncapped.
Survival Action
Texas maintains a separate survival action alongside the wrongful death claim under Texas Civil Practice & Remedies Code § 71.021.
Top 3 Wrongful Death Attorneys in Texas
1. Watts Guerra LLP
Location: San Antonio & Houston, TX (National reach)
Phone: (210) 447-0500
Website: https://wattsguerra.com
A national litigation powerhouse headquartered in Texas. They are particularly dominant in mass disaster and catastrophic wrongful death cases – pipeline explosions, oilfield deaths, aviation crashes. Because general negligence claims are uncapped in Texas, they pursue massive mental anguish and loss of companionship damages without limitation, backed by virtually unlimited investigative resources.
2. Thomas J. Henry Injury Attorneys
Location: San Antonio, Corpus Christi, Austin, Houston, TX (Statewide)
Phone: (888) 236-1219
Website: https://thomasjhenrylaw.com
One of the most recognized and heavily resourced personal injury firms in Texas. They are elite at fatal 18-wheeler and commercial vehicle crashes, using rapid-response investigators to immediately download electronic logging devices and black box data before evidence is lost. Their massive advertising presence reflects a firm with the capital to litigate any case to the finish line.
3. The Law Offices of Thomas J. Moran
Location: Houston, TX
Phone: (713) 862-2333
Website: https://moraninjurylaw.com
A highly regarded Houston firm with specific expertise in medical malpractice wrongful death. Navigating Texas’s layered cap structure — $250k from providers, $500k max from institutions, plus an inflation-adjusted ~$1.9M overall wrongful death cap under §74.303 — requires precise litigation strategy. This firm simultaneously pursues fully uncapped economic damages (medical expenses, lost future income) to maximize total recovery.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Texas?
Texas allows the spouse, children, or parents of the deceased to file directly. If none of them initiate a lawsuit within three months, the Personal Representative of the estate may file. However, the family members can prevent the estate from filing if they choose to handle the claim themselves.
What is Texas’s medical malpractice cap?
Texas caps non-economic damages at $250,000 per claimant from all individual health care providers combined, plus up to $250,000 per health care institution (maximum $500,000 from multiple institutions), for a total non-economic maximum of $750,000 when both provider and institutional defendants are named. More importantly, for wrongful death and survival claims, § 74.303 imposes a separate inflation-adjusted overall cap on all damages (excluding past/future medical expenses) — currently approximately $1.9 million per claimant (2025). Economic damages for medical expenses remain uncapped. Building the strongest possible economic damages case — documenting lost future income, future care costs, and every recoverable economic item — is the primary strategy for maximizing recovery under this framework.
Are there caps on general wrongful death damages in Texas?
No. For wrongful death claims not involving medical malpractice, Texas imposes no caps on damages.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Texas’s direct filing rights and no caps on general claims provide families with strong legal tools. The firms listed above have the resources to pursue maximum recovery and navigate Texas’s medical malpractice cap structure. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.