A death caused by someone else’s negligence in Dallas can lead to two separate legal claims, not one: a wrongful death claim for the surviving family, and a survival claim that belonged to your loved one and passed to the estate. Texas Civil Practice and Remedies Code Chapter 71 covers both, and each one has its own rules for who can sue and by when.
What happens after a loved one’s death caused by someone else’s negligence in Dallas?
Texas law treats a death caused by negligence as two legal claims running side by side, and a family that only pursues one of them can miss the other. The wrongful death claim, under Civil Practice and Remedies Code Chapter 71, Subchapter A, belongs to the surviving spouse, children, and parents and compensates them for their own loss. The survival claim, under Section 71.021, is the personal injury claim your loved one already had the moment they were hurt, and it passed to their estate when they died. The two claims are often brought together in a Dallas wrongful death case, but they are not one claim with one filing window. The sections below cover who can bring each one and the separate deadline that applies to each.
Who can file a wrongful death claim in Texas?
The surviving spouse, children, and parents of the deceased are the only people the wrongful death statute names, and any one of them may bring the claim for the benefit of all of them. Texas Civil Practice and Remedies Code Section 71.004(a) makes the action for the exclusive benefit of that group, and Section 71.004(b) lets a single family member sue on behalf of everyone else in it rather than requiring all of them to join. The statute does not extend this list to siblings, grandparents, or other relatives, a point covered further below. If more than one family member wants to pursue the claim, they do not have to file separately, and if only one of them steps forward, the others still share in what that claim resolves.
What if no family member steps forward to bring the claim?
Yes, someone else can bring it. If none of the spouse, children, or parents has filed suit within three calendar months of the death, Texas Civil Practice and Remedies Code Section 71.004(c) requires the deceased’s executor or administrator to bring and prosecute the wrongful death claim. That duty is not optional for the executor or administrator once the three calendar months have passed, unless every one of the eligible family members has specifically asked them not to sue. The three-calendar-month mark is not the deadline to file the claim itself; it is the point where responsibility for bringing it can shift from the family to the estate’s representative. Confirm with a probate professional whether an executor or administrator has already qualified, since that affects who is acting on the family’s behalf.
Is a wrongful death claim different from a survival claim?
Yes, they are two different causes of action that compensate two different things. The wrongful death claim, discussed above, belongs to the surviving spouse, children, and parents and compensates them for their own loss. The survival claim, under Civil Practice and Remedies Code Section 71.021, is different: it is the personal injury claim your loved one already held because of the injury itself, and it does not end because they died. Section 71.021(b) says that claim survives to and in favor of the heirs, legal representatives, and estate of the injured person, so the claim can proceed even if the at-fault party also died. Because these are separate claims, they are also counted on separate clocks, which the next section covers.
How long does our family have to file in Dallas?
The wrongful death claim and the survival claim run on two different clocks, and the survival claim can run out first. Texas Civil Practice and Remedies Code Section 16.003(b) gives the wrongful death claim two years, counted from the date of death. One exception changes that starting date: Section 74.251(a) says that, notwithstanding any other law, no health care liability claim may be commenced unless it is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim is completed, so a death that followed hospital or nursing home care can already be running on that earlier date instead of the date of death. Confirm which date applies before assuming two years from the death.
The survival claim is counted differently because it is your loved one’s own personal injury claim, not a new claim created by the death. Under Section 16.003(a), that claim generally runs two years from the date of the injury, not the date of death. Section 16.062(a) pauses that clock for twelve months after the death, but Section 16.062(b) ends the pause early the moment an executor or administrator qualifies for the estate, even if that happens before the twelve months are up. Because of that, confirm the date of the original injury and whether an executor or administrator has already qualified before assuming how much time is left on the survival claim.
Do you know the exact date your loved one was first injured?
The survival claim is counted from that date, not the date of death, and it can close before the wrongful death claim does.
What if the City of Dallas caused the death?
A death caused by the City of Dallas adds a notice step that runs on its own clock, separate from both deadlines above: written notice to the city within six months of the injury, not the death. The Dallas City Charter, Chapter XXIII, Section 1, requires that notice to state when, where, and how the injury occurred, the full extent of the injury, and the amount of damages claimed, and Section 6 of the same chapter says only a resolution of the city council, passed before the six months run out, can waive it. Texas Civil Practice and Remedies Code Section 101.101 sets the same six-month period as the default rule for a claim against a governmental unit. Because this notice counts from the injury and not from the death, confirm the exact date of the injury early, and have a lawyer confirm whether notice has already been sent before relying on either of the deadlines described above.
Where does a Dallas wrongful death case get filed?
A wrongful death or survival claim is filed in the Dallas County civil courts at 600 Commerce Street, in either a district court or a county court at law.
What should our family do first?
Start by writing down the date your loved one was first injured, not just the date they died, since that earlier date can matter for both the survival claim and any notice owed to a governmental defendant. Find out whether a will has been filed and whether an executor or administrator has already qualified with the probate court, since that affects who has the right and the duty to act. Keep records connected to the injury itself: medical records, any incident or police report, and the names of anyone who witnessed what happened. Then talk to a lawyer before any of these dates passes, since the wrongful death claim, the survival claim, and any government notice period are not the same deadline and do not all start from the same day.
How our Dallas wrongful death lawyers help families
Thanos Simoudis and David Merabi work with Dallas families to sort out which claims apply, who in the family has the right to bring them, and which deadlines are already running, including the separate clock on a survival claim and the notice period that applies when a governmental unit like the City of Dallas is involved. They review the facts of what happened, help identify whether an executor or administrator needs to be involved, and handle the claim on the family’s behalf while the family focuses on what matters most right now.
Frequently Asked Questions
Can a sibling or grandparent file a wrongful death claim in Texas?
No. Section 71.004(a) limits this claim to the surviving spouse, children, and parents of the deceased, and it does not extend that list to siblings, grandparents, or other relatives. A sibling or grandparent may still have a connection to the estate through the survival claim, depending on how the deceased’s estate is structured, but the wrongful death claim itself belongs only to that named group.
What happens if the family doesn’t file within the deadline?
Civil Practice and Remedies Code Section 16.003 sets the deadline for each claim, and missing it can bar that claim, which is why confirming both dates early matters. One exception: Section 16.001 says a person younger than 18 years of age is under a legal disability, and if a person entitled to bring the action is under that disability when it accrues, the time of the disability is not included in the limitations period. Because the wrongful death claim runs from the date of death and the survival claim runs from the date of injury, and a minor child’s own claim can extend beyond either of those two-year marks, a family should still ask a lawyer rather than assume a claim is already barred.
If your family is trying to sort out what happened and what comes next, talk to Thanos Simoudis and David Merabi about your situation. They work on contingency, so there is no fee unless they win, and no case costs are charged if there is no recovery. Case expenses are advanced by the firm and repaid from the recovery, and if there is no recovery, no case costs are charged. Attorney responsible for this page: Thanos Simoudis, licensed in Texas, primary office Los Angeles, California. Call (214) 269-1184 for a free case review, or send us the details and we will call you back. More on Dallas personal injury claims.
