I Lost a Loved One in an Accident: Who Can File a Claim in Texas?
In Texas, only the surviving spouse, children, and parents of the person who died can file a wrongful death claim. Siblings, grandparents, and other relatives do not qualify, even if they were very close. The general deadline is 2 years from the date of death. And here's what few explain: there are two separate claims that can be filed together — one for what the family lost, and one for what the person suffered before dying.
First, the most important thing: we're deeply sorry for your loss. If you're reading this, you're likely going through one of the hardest moments there is, and on top of it come questions nobody taught you how to answer — hospital bills, paperwork, people telling you different things.
This guide is here to give you clarity, calmly and without pressure. You don't have to decide anything today. But it helps to know how it works, because Texas has rules about who can file and how long there is to do it.
Who can file the claim in Texas?
This is the first surprise for many families. Texas law is specific: a wrongful death claim can only be filed by three groups:
- The surviving spouse (husband or wife).
- The children of the person who died.
- The parents of the person who died.
They can file together or one of them can file on behalf of all.
Even if they were the closest people to the person who died —a brother who raised them, a grandmother who cared for them, an uncle or a nephew— Texas law does not give them the right to file this claim. We know it sounds unfair, and for many families it is. If you're in that situation, consult anyway: sometimes there's another path through the estate.
What if the family files nothing?
If the spouse, children, or parents don't file within the first 3 months after the death, the executor or personal representative of the estate may do so. The exception is if those family members with the right expressly ask that no claim be filed.
What almost nobody explains: there are TWO claims, not one
Here's the part that can matter a great deal to your family and is rarely explained. When someone dies because of another's negligence, Texas may allow two separate claims, and they're often filed together:
1. Wrongful death — what the FAMILY lost
This claim belongs to the family members and compensates what they lost when the person passed:
- The income and financial support the person contributed to the household.
- The companionship, guidance, and love the family will no longer receive.
- Funeral and burial expenses.
- The mental anguish the family lives with after the loss.
2. Survival action — what the PERSON suffered
This second claim is different: it's the case the person could have brought had they survived, now continued by their estate. It covers what they themselves went through between the accident and their death:
- Medical expenses — ambulance, ER, surgeries, the days in the hospital.
- The wages they lost during that time.
- The pain and suffering the person experienced before passing.
This claim is filed by the legal representative of the estate, not by family members directly.
The hospital bills from those final days usually land on the family, and they're often enormous. Those bills are pursued through the survival action. That's why it's worth having someone check whether your case has both claims and not just one — it's a real difference for the bills that arrived at your home.
How long do we have to file?
In Texas, the general deadline is 2 years from the date of death. We understand two years sounds like plenty of time when you're barely processing what happened — but there's a practical reason not to leave it for later:
Camera footage is erased within weeks, witnesses move away and forget details, and in commercial vehicle crashes the driver's logs and black box data can be overwritten within days. Even if you don't want to think about paperwork now, an early consultation lets someone preserve that evidence while your family focuses on what matters.
What if other family members were also injured?
It happens often: in the same accident one person died and others were hurt. If that's your case, those family members have their own claims for their injuries. And if any of them has no health insurance, at Ruiz & Associates we connect them with doctors who treat them now and get paid from the final settlement — so nobody skips care at a time like this out of fear of the bill.
What you can do in the first days
- 1Keep everything that arrives: accident report, hospital bills, funeral receipts, letters from insurers.
- 2Write down witness names or anyone who was present, if there were any.
- 3Don't sign anything from an insurer without having someone review it, however urgent the offer seems.
- 4Don't give a recorded statement while you're grieving; it isn't the time and it can be used later.
- 5Consult with no obligation. A consultation doesn't commit you to filing; it just tells you what options you have.
How we walk with families
We know no amount of money brings a person back. What a well-handled case can do is lift the weight of medical and funeral bills off the family, and hold accountable whoever caused the loss. We handle the investigation, the deadlines, and the conversations with insurers, so you don't have to. With more than 30 years of experience in Texas courts, Ruiz & Associates serves families in Eagle Pass, Maverick County, San Antonio, and all of Texas. We're bilingual, we answer personally, and we work on contingency: you pay nothing unless we win the case.
Frequently asked questions
Who can file a wrongful death claim in Texas?+
Only the surviving spouse, children, and parents of the person who died. Siblings, grandparents, and other relatives cannot file this claim, even if they were very close.
What's the difference between wrongful death and a survival action?+
Wrongful death compensates what the family lost (income, companionship, funeral costs). A survival action covers what the person suffered before dying: medical bills, lost wages, and their pain.
How long do we have to file the claim?+
Generally 2 years from the date of death. It's best to consult sooner because accident evidence, like footage and records, disappears within weeks.
Who pays the hospital bills from the final days?+
Those medical expenses can be pursued through the survival action, filed by the estate's representative. That's why it matters to check whether the case has both claims.
How much does it cost to consult with you?+
Nothing. The consultation is free and confidential, and we work on contingency: you only pay if we win the case.
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This article is for informational purposes only and does not constitute legal advice. Every case is different; past results do not guarantee future outcomes. Reading this content does not create an attorney-client relationship.