Few experiences are more devastating than losing a loved one—particularly when their death was the result of someone else’s careless or reckless behavior. When this happens, eligible surviving family members are entitled to seek compensation from a wrongful death claim. It may not truly right the wrong—as if anything ever could—but it can bring financial stability, accountability, justice, and closure.
Wrongful death laws vary widely from state to state. These rules affect things like who can formally file a wrongful death suit, what types of damages you can claim, which family members can be awarded damages, and how those damages are divided.
We’ll look at some unique features of Texas’ wrongful death statutes, with particular attention to the rules for who can receive benefits and how those benefits are divided. If you have any questions or would like to schedule a free case review with an experienced wrongful death attorney, please call our San Antonio office today at (210) 529-3000.
Exclusive beneficiaries in Texas wrongful death lawsuits
Texas law is fairly strict about who can receive money in a wrongful death settlement. The only eligible beneficiaries are:
- The deceased person’s surviving spouse. This includes couples who were legally married, as well as couples who meet the requirements of common law marriage in Texas. To be eligible to file or benefit from a claim, the surviving spouse must have still been married to the deceased person at the time of their death. If a divorce is finalized before then, the ex-spouse cannot bring a wrongful death suit—even if they were still married at the time of the incident and the spouse dies later because of their injuries.
- Surviving parents. They must be the deceased person’s legal parents, either biological or adopted. Step or foster parents are not eligible for wrongful death damages.
- Surviving children. As with parents, only legal children (biological or adopted) can file or benefit from wrongful death claims.
In many states, other family members (such as siblings or grandchildren) can be entitled to compensation depending on the circumstances, or if they are the closest “next of kin.” This is not true in Texas, however.
Unfortunately, Texas’ strict rules about eligible wrongful death beneficiaries can result in significant hardship for families with non-traditional arrangements, such as a child being raised by a grandparent, sibling, or other family member. Unless formal adoption has been finalized, the court will not recognize these parent-child relationships in wrongful death cases—even in cases where legal guardianship has been established.
If a child is under 18 at the time of their parents’ death, they have until their 20th birthday to file a wrongful death action. However, in practice, the surviving spouse or another eligible adult beneficiary will typically file on behalf of the minor child.
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Who can file a wrongful death case in Texas?
In many states, there is a distinction between who can receive wrongful death compensation vs. who has legal standing to file a wrongful death claim (also known as “bringing the action.”) Here’s how the system works in Texas:
- Any eligible wrongful death beneficiary can file a claim individually on behalf of themself.
- Any or all eligible beneficiaries can file a claim on behalf of all of them.
- If none of the above have brought a wrongful death action within three calendar months of their loved one’s death, the executor of the estate (also known as the personal representative of the deceased) may bring the action in their place, unless all eligible beneficiaries request that they do not.
The personal representative of the estate will be appointed by the court. They may be named in your loved one’s will (if they had one) and are usually (though not always) a close family member. But regardless of who is named the executor, any wrongful death lawsuit they file can still only be for the benefit of a surviving spouse, children, and parents.
How are wrongful death settlements divided in Texas?
Unlike other states, Texas has no set rules for how the money from a wrongful death lawsuit must be divided among surviving family members. It won’t necessarily be according to a will or state inheritance laws, or any other set proportion specified in state law.
Usually, the best-case scenario is that the wrongful death lawsuit settles before trial and all surviving family members agree among themselves how to divide it fairly. This can then be written directly into the settlement agreement.
Things get more complicated if the family members disagree about how to divide the money and the case goes to trial.
Texas law simply states that “damages awarded shall be divided, in shares as found by the jury in its verdict, among the individuals who are entitled to recover and who are alive at that time.” That means carefully evaluating the financial and emotional losses suffered by each family member, and awarding damages proportionally. Family members who had closer relationships or were more financially dependent on their deceased loved one tend to receive more in compensation.
Wrongful death damages
Examples of damages that an eligible family member could claim, depending on the nature of their relationship with their deceased loved one, include:
- Funeral and burial costs
- Loss of earnings, income, and financial support (such as medical benefits or pension plans) that your loved one provided for you
- Loss of the value of household services (childcare, maintenance, cooking, etc.)
- Loss of love, companionship, and the benefits of a spousal relationship
- Loss of care, guidance, and advice
- Emotional and mental anguish
Texas also allows for punitive damages, also known as exemplary damages, as an additional punishment if an at-fault party committed a “willful act or omission or gross negligence.” For example, several years ago we obtained a $28 million wrongful death verdict for the family of a man who was killed by a heavily intoxicated driver. This was one of the 100 largest jury verdicts in the United States that year, in part because the jury awarded a significant amount of punitive damages.
Because punitive damages are meant to punish wrongdoing rather than compensate specific individuals, the fairest way to divide them among surviving family members will be at the jury’s discretion.
Car Crash? Call Crosley
If you’ve recently lost a loved one due to someone else’s carelessness, Crosley Law can help. Wrongful death cases are almost always complicated, and it’s important to begin gathering and preserving evidence as soon as possible. A compassionate, experienced, and dedicated wrongful death lawyer can take this burden off your shoulders and help you focus time on your loved ones and rebuilding your life.
Call our San Antonio office today at (210) 529-3000 to request your no-cost, obligation-free consultation.
References:
Texas Civil Practice and Remedies Code § 71
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
