Who Can File a Wrongful Death Claim in Texas and When?

Losing a loved one is never easy, especially when their death could have been prevented. Grief can bring up questions that are hard to answer while everything feels turned upside down. In Texas, there’s a legal path for certain family members to step forward after a loss like this. A wrongful death claim allows some people the chance to bring a case under state law. While this won’t bring someone back, it may help address the impact the loss has had on day-to-day life.

At a time when emotions run high, understanding the rules can bring a bit of stability. Knowing who can file and when is especially important, as Texas sets clear limits. For families in Houston, fall can serve as a moment to pause and reflect with enough time before the busy year’s end to make decisions that matter. And while the steps may seem big, support from wrongful death attorneys can guide families carefully through them.

Who Can File a Wrongful Death Claim Under Texas Law

Texas law gives certain people the right to file what’s called a wrongful death claim when another person’s actions, whether careless or intentional, lead to someone’s death. But not everyone is allowed to take that legal step.

• The surviving spouse, legal children (including adult children), and parents of the person who passed away are typically the ones who qualify

• Adoptive parents and adopted children may also be allowed to file, as long as the adoption was legally finalized before the death

• Siblings, even close ones who were involved in the person’s care or grieving process, are not granted the right to file under this law

In some cases, if the individuals who are legally qualified do not bring a case within a certain time, a personal representative of the estate may be able to file one instead. Still, it’s the first group of eligible family members who are given top priority.

Every family structure is different, and Texas law does its best to set clear rules about whose voice can be heard in these claims. Taking time to find out where you stand in that list is an important first step.

What Situations Might Lead to a Wrongful Death Claim

Not every loss counts as wrongful under Texas law. A key detail is that someone’s carelessness or decision played a part in the death. In everyday terms, that might mean a driver ran a red light, a company failed to provide safety gear at a job site, or a property owner ignored a known hazard.

Some common examples that may lead to this kind of claim include:

• Car or truck crashes, especially if someone broke traffic rules or drove under the influence

• Workplace incidents, like falls, equipment failure, or lack of training

• Medical errors where treatment was delayed, misdiagnosed, or improperly handled

In Houston, heavy traffic on roads like I-10 or I-45 can raise the risk of serious collisions. The city also hosts a large number of plants, warehouses, and industrial workplaces where accidents sometimes happen. If a death occurs in one of these situations and someone else’s actions contributed to it, the family may have a claim worth reviewing.

When Can a Wrongful Death Claim Be Filed in Texas

Texas law sets a deadline for filing a wrongful death claim. In most cases, that limit is two years from the date the person passed away. This may seem like a long time at first, but those months can move fast when grief, paperwork, and daily life take over.

There are some exceptions. For example, if the person filing was a child at the time of the death, the two-year period might not begin until they turn 18. In rare cases, extra time may be given based on the specifics of the situation.

Still, starting sooner often helps. Early steps can secure needed records and documents before they become harder to find. Waiting too long could mean losing access to helpful information or missing legal windows that can’t be reopened. If families are unsure about their timing, asking questions, even small ones, can bring clarity before deadlines close in.

How Wrongful Death Attorneys Help Families Navigate the Process

When someone files a wrongful death claim, it’s not just about filling out paperwork. It involves telling the story of what happened, showing how the death changed lives, and collecting proof of how and why things went wrong. That’s where wrongful death attorneys can help walk families through the process one step at a time.

Attorneys may help with tasks like:

• Finding and organizing evidence such as accident reports, medical records, or company logs

• Handling communication with insurance companies or other involved parties

• Explaining courtroom procedures if the case ends up before a judge or jury

At Collum Law Firm PC, we focus solely on representing grieving families throughout Houston and surrounding Texas counties. We provide personal attention at every step, helping clients gather records, pursue insurance claims, and understand exactly what to expect during legal proceedings. We do not represent insurance companies, our loyalty is with those who have lost a loved one.

Every situation is different, but many families feel more supported knowing they don’t have to piece things together on their own. When emotions are heavy and the details start to pile up, having professional help makes the work feel less overwhelming. That time and energy can be better spent on healing and honoring the loved one who was lost.

Moving Forward With Confidence and Support

When someone dies because of another person’s actions, the legal path forward might seem confusing or out of reach. But knowing who can file and when offers at least one place to start. In Texas, spouses, children, and parents may be allowed to file a wrongful death claim. And if a family decides to take that step, they’ll need to act within a specific window of time.

Being informed brings some control at a time when everything else can feel uncertain. Whether the loss came from a collision, a workplace issue, or something else entirely, families have the right to ask questions and explore what options might apply under Texas law. When you're ready, those first steps can help bring order to an otherwise difficult season.

Navigating the aftermath of a wrongful death in Houston can be overwhelming, but working with trusted wrongful death attorneys can help you understand your options. Families often have questions about timelines, eligibility, and next steps, and at Collum Law Firm PC, we’re ready to listen and provide clear guidance every step of the way. Reach out when you feel ready to talk about your situation.