A wrongful death claim does not return the person you lost. What it may do is hold a careless or reckless party accountable under Texas law and provide a measure of financial stability after a loss your family did not plan for. A Texas wrongful death lawyer carries the legal weight while your family makes room for grief.
Cowen | Rodriguez | Peacock represents families across Texas after fatal crashes, dangerous-property incidents, and defective-product deaths. The firm focuses on catastrophic and fatal cases, with a statewide practice that handles claims in metro counties like Bexar, Harris, Dallas, and Travis, as well as in smaller communities across South and West Texas.
Texas law puts strict limits on who may bring a wrongful death claim and how long they have to act, so an early conversation, free and without obligation, helps a family understand its options before a deadline narrows them.
Call (210) 941-1301 for a free consultation. You pay nothing unless we recover money for your family.
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What Makes a Texas Wrongful Death Claim Unique
A Texas wrongful death claim is a civil case brought by close family members after another party's wrongful conduct caused a loved one's death. It is separate from any criminal case the state may bring, and its purpose is financial recovery for the family rather than criminal punishment. Texas's framework differs from many other states in several important ways.
The Texas Wrongful Death Act
Texas codifies the right to bring a wrongful death claim in Chapter 71 of the Civil Practice and Remedies Code. Under Section 71.002, a person is liable when their wrongful act, neglect, carelessness, or default caused another's death. The statute is the exclusive remedy for wrongful death in Texas, which means a claim outside its framework usually fails on its face.
How Texas Limits Who May Recover
Texas restricts wrongful death recovery to a narrow group of family members. Surviving spouses, children, and parents may file under Section 71.004, and no one else. That limit holds even for siblings or grandparents who shared a deep bond with the deceased. Knowing where your family stands under this rule is one of the first questions a wrongful death attorney in Texas answers.
Wrongful Death and Survival Actions Run Together
Texas allows a separate survival action under Section 71.021, brought by the deceased's estate to recover losses they suffered between the injury and death. These include medical bills, conscious pain, and lost wages during that period. Families almost always pursue both claims in a single lawsuit, because they cover different losses tied to the same event.
Why Texas Families Trust Cowen | Rodriguez | Peacock With Fatal Accident Cases
Choosing a wrongful death law firm in Texas means choosing how your family handles a once-in-a-lifetime case. Cowen | Rodriguez | Peacock brings trial experience, focus on serious and fatal injury work, and a personal approach that respects what your family is going through. The firm prepares every case as if it ends in front of a jury.
A Practice Built Around Catastrophic and Fatal Cases
The firm concentrates on the most serious injury and death claims, where the medical, financial, and emotional stakes run highest. That focus brings depth in crash reconstruction, medical proof, and long-term financial modeling, the kind of work a wrongful death case demands and a general practice rarely brings.
Board-Certified Trial Lawyer
Michael Cowen is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a certification that reflects significant trial experience in injury cases. That standing signals to opposing counsel that the firm is preparing to try the case if an offer falls short of what your family lost.
Statewide Reach With Personal Service
Cowen | Rodriguez | Peacock represents families across Texas, from major metros to small counties. Regardless of where the case is filed, a family speaks directly with an attorney, not a screening line. The firm answers questions in plain language and keeps communication open through every stage.
No Fee Unless We Recover for Your Family
The firm reviews wrongful death cases at no charge and works on a contingency fee. A family pays no upfront cost and no hourly billing, and a fee applies only if the firm recovers money. Calls come in 24/7, in English and Spanish.
Who May File a Texas Wrongful Death Claim
Texas tightly limits the family members who may bring a wrongful death claim. Each eligible family member may file separately, file together, or have one of them file on behalf of the rest. The table below shows the eligible groups and what each typically recovers.
| Eligible family member | Source of authority | Common categories of recovery |
| Surviving spouse | § 71.004(a) | Pecuniary loss, loss of companionship and consortium, mental anguish, loss of inheritance |
| Children, including adult and adopted | § 71.004(a) | Pecuniary loss, loss of parental companionship, loss of guidance and counsel, mental anguish |
| Parents, including adoptive parents | § 71.004(a) | Pecuniary loss, loss of companionship, mental anguish |
| Deceased's estate (survival action) | § 71.021 | Pre-death medical bills, conscious pain, lost wages between injury and death |
If none of the eligible family members files a wrongful death claim within three months of the death, the executor or administrator of the deceased's estate may file on the family's behalf under § 71.004(c).
Why Texas Excludes Siblings and Grandparents
Texas law draws a strict line at spouses, children, and parents. Siblings, grandparents, grandchildren, and other extended relatives are not eligible, even in tight-knit families where the bond was every bit as close. Those relatives may still benefit through the survival action and through any estate distribution that follows.
An early, free conversation helps your family understand where it stands under the statute. Call (210) 941-1301, 24/7, in English or Spanish.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
Common Causes of Texas Wrongful Death Cases
Most Texas wrongful death cases trace back to careless or reckless conduct on the road, on someone's property, or in the design of a product. The legal questions shift with the cause, and identifying the right one is the first step in identifying every party that may share responsibility.
The categories below cover the bulk of the firm's Texas wrongful death work.
- Commercial truck and 18-wheeler crashes, the firm's core focus, often along I-10, I-20, I-35, and I-45
- Car and rideshare crashes involving distracted, impaired, or fatigued drivers
- Pedestrian and bicycle deaths on busy roads and highways
- Dangerous or unsafe property conditions
- Defective products, including vehicles, equipment, and consumer goods
More than one party often shares responsibility for a single death, especially in commercial-vehicle and product cases.
What a Texas Wrongful Death Claim May Recover
A Texas wrongful death claim may recover money for the family's financial and emotional losses, along with the deceased's own pre-death losses through the related survival action. Together, the two claims cover the full scope of harm a wrongful death causes.
Financial Losses and Funeral Costs
Pecuniary loss covers the financial value of what the family no longer receives from the deceased: income, household services, care, advice, and counsel. Pay records and the deceased's likely future earnings factor in. Funeral and burial expenses are also recoverable, and the survival action separately covers the deceased's medical bills and lost wages between the injury and death.
Companionship, Consortium, Mental Anguish, and Guidance
A wrongful death claim recognizes that losing a spouse, parent, or child takes more than income. Loss of companionship and society covers the love, comfort, and emotional support the family no longer receives. Loss of consortium adds the intimacy and partnership a spouse loses.
Mental anguish addresses the emotional pain a family carries forward, and children may also recover for the loss of guidance, counsel, and care a parent reasonably might have provided.
Exemplary Damages in the Worst Cases
Texas allows exemplary damages, sometimes called punitive damages, only when the death resulted from gross negligence or a willful act. Conduct like impaired driving, the knowing use of an unsafe vehicle, or a corporate decision to put profit ahead of safety may support them. These damages address conduct that goes beyond ordinary carelessness.
How a Texas Wrongful Death Case Moves Forward
A Texas wrongful death case moves through investigation, damages modeling, demand, negotiation, and, where needed, trial. Most cases resolve through settlement, though preparation for trial often improves the outcome long before a trial date arrives.
A typical wrongful death case follows the stages below.
- Investigation: gathering crash records, witness statements, business records, and any criminal case material
- Damages model: documenting each category of loss across the family and the estate
- Demand: presenting the claim and supporting proof to the insurer or defendant
- Negotiation: working toward a settlement that reflects the loss
- Lawsuit and trial: filing suit in the appropriate Texas court when negotiations stall
Each step builds on the one before it, and rushing any of them usually reduces what the family recovers.
Where a Texas Wrongful Death Case Is Filed and Divided
Most Texas wrongful death cases are filed in the county where the death occurred, where the at-fault party resides, or where a defendant company has a principal office. Multi-county venue questions arise often in commercial-vehicle cases involving out-of-state carriers. Once the case resolves, Texas law calls for an equitable division of the recovery among the eligible beneficiaries, reflecting each person's loss rather than an equal split.
How Long You Have to File a Texas Wrongful Death Lawsuit
A Texas wrongful death lawsuit must be filed within two years of the date of death under Section 16.003(b). The deadline applies to both the wrongful death claim and the survival action, and Texas courts hold to it strictly. The discovery rule, which extends deadlines for hidden injuries in some cases, does not apply to wrongful death in Texas.
A few narrow situations adjust the timeline. A minor child of the deceased may have a personal claim that is paused under separate tolling rules. A claim against a city or other government entity carries a much shorter written notice deadline, often only six months, under the Texas Tort Claims Act. Because these deadlines are firm and run from the date of death, an early review keeps every available option open.
Texas Wrongful Death Questions Answered by Our Trial Lawyers
Are wrongful death damages subject to the deceased's debts in Texas?
No. Section 71.011 of the Texas Civil Practice and Remedies Code protects wrongful death damages from the deceased's creditors. The recovery belongs to the eligible family members, not to the estate's creditors. Survival action damages, by contrast, run through the estate and follow ordinary estate rules.
How does a Texas wrongful death case work when more than one family member is eligible?
Eligible family members may file together in a single lawsuit or have one of them file on behalf of all. Texas courts then divide the recovery equitably among the beneficiaries, reflecting each person's loss. The firm helps coordinate so the family speaks with one voice, which usually improves both the process and the outcome.
What if the death involved a Texas commercial truck or 18-wheeler?
Commercial-vehicle deaths often involve federal regulations and corporate defendants beyond the driver, such as the motor carrier, a maintenance contractor, or a cargo loader. Each may carry separate insurance. The firm's core trucking practice supports these wrongful death cases directly.
Stand With Your Family Through What Comes Next
A wrongful death case touches almost every part of a family's life: finances, identity, the future a family had counted on. You do not have to face it alone or accept a corporate insurer's first read on what your loss is worth.
Cowen | Rodriguez | Peacock fight for fair compensation for families across Texas after a wrongful death. We move at a pace that respects your family while protecting every deadline that matters.
Call (210) 941-1301 or reach us through our contact page for a free consultation. We answer the phone 24/7, take calls in English and Spanish, and charge no fee unless we recover money for your family.
Schedule A Free Case Consultation
Cowen Law - Texas Office
Address: 6243 I-10 #801, San Antonio, TX 78201
Contact No: (210) 941-1306