The Burkett Law Firm’s Corpus Christi wrongful death attorneys represent surviving spouses, children and parents whose family member was killed by someone else’s negligence. Under the Texas Wrongful Death Act, these families generally have two years from the date of death to file and can recover both financial and emotional losses.
Since 1960, The Burkett Law Firm has represented Coastal Bend families after fatal crashes, workplace deaths and other preventable losses. Lead attorney David Burkett is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, and the firm’s largest published result is $20,000,000 in a commercial van wrongful death case. Past results do not guarantee a similar outcome. This page explains how Texas wrongful death claims work, who may bring them and what a family can recover.
What is a wrongful death claim in Texas?
A wrongful death claim is a civil lawsuit for money damages brought by the family of a person whose death was caused by another’s wrongful conduct. The Texas Wrongful Death Act is found in Chapter 71 of the Civil Practice and Remedies Code. Section 71.002 makes a person or company liable when an injury causing death results from their “wrongful act, neglect, carelessness, unskillfulness, or default,” or that of their agents or employees.
The civil case is separate from any criminal case. A criminal conviction is not required, and a family can pursue a wrongful death claim even if no charges are ever filed. The civil case also uses a lower burden of proof: the family must show liability by a preponderance of the evidence, not beyond a reasonable doubt.
Wrongful death claims commonly arise from:
- Car crashes on I-37, SPID, the Crosstown Expressway and US-77
- 18-wheeler and commercial vehicle collisions, including delivery vans and company trucks
- Pedestrian deaths in crosswalks and parking lots
- Oilfield, refinery and industrial accidents
- Maritime deaths on vessels, docks and offshore units
- Defective products and unsafe property conditions
Texas roads are a leading source of these cases. According to TxDOT’s Texas Motor Vehicle Traffic Crash Facts, 3,769 people were killed on Texas roads in 2025, and TxDOT reports that the state has not had a single day without a traffic death since November 7, 2000.
Who can file a wrongful death lawsuit in Texas?
Section 71.004 limits a wrongful death recovery to the “exclusive benefit of the surviving spouse, children, and parents of the deceased.” Those family members may file together, or one or more of them may file for the benefit of all. Adult children may bring a claim for the death of a parent, and parents may bring a claim for the death of an adult child.
Siblings, grandparents and other relatives are not wrongful death beneficiaries under the statute, though they may have a role in the estate’s survival claim if they are heirs.
If none of the eligible family members has filed within three calendar months after the death, § 71.004(c) directs the executor or administrator of the estate to bring the action, unless all of the eligible family members ask the representative not to. When a jury awards damages, § 71.010 requires the award to be divided among the eligible family members in shares the jury determines.
How is a survival action different from a wrongful death claim?
Texas recognizes two separate claims after a fatal injury, and most cases include both.
| Wrongful death claim | Survival claim | |
|---|---|---|
| Statute | Tex. Civ. Prac. & Rem. Code § 71.002 and § 71.004 | Tex. Civ. Prac. & Rem. Code § 71.021 |
| Who it belongs to | Surviving spouse, children and parents | The estate, heirs and legal representatives |
| Whose losses it covers | The family’s own losses from the death | The losses the person who died suffered before death |
| Typical damages | Lost financial support, loss of companionship, mental anguish, loss of inheritance | Pain and suffering before death, medical bills, funeral and burial expenses |
Under § 71.021, a personal injury claim does not end when the injured person dies. It “survives to and in favor of the heirs, legal representatives, and estate of the injured person.” The survival claim lets the estate recover what the person who died could have recovered had they lived. Because survival proceeds pass through the estate, they can be subject to the estate’s debts, while wrongful death damages go directly to the eligible family members.
What damages can a family recover?
Texas wrongful death damages are meant to compensate the family for what the death has taken from them. Under § 71.010, the jury may award damages “proportionate to the injury resulting from the death.” Recoverable losses generally include:
- Pecuniary losses: the financial support, services, care and advice the person would have provided
- Loss of companionship and society: the loss of the love, comfort and companionship of a spouse, parent or child
- Mental anguish: the emotional pain and grief family members suffer because of the death
- Loss of inheritance: what the person likely would have saved and left to the family
Through the survival claim, the estate may recover the decedent’s conscious pain and mental anguish before death, medical expenses from the final injury and funeral and burial costs. Medical expense recovery is limited by § 41.0105 to amounts actually paid or incurred.
Proving these losses takes more than a list of bills. We work with economists to calculate lifetime earnings, benefits and household services, and we gather testimony from family and friends about the relationship that was lost.
When can a family seek exemplary damages?
Section 71.009 allows exemplary, or punitive, damages “as well as actual damages” when a death is caused by the defendant’s willful act or omission or gross negligence. Exemplary damages are meant to punish and deter, not to compensate. Under Article XVI, Section 26 of the Texas Constitution, exemplary damages for a death are limited to the surviving spouse and the children and descendants of the person who died, so parents generally cannot recover them, although the estate may seek them through the survival claim.
The standard is demanding. Under § 41.003, the family must prove fraud, malice or gross negligence by clear and convincing evidence, and the jury must be unanimous on both liability for and the amount of exemplary damages. Section 41.001 defines gross negligence as conduct that involves an extreme degree of risk, where the defendant was actually and subjectively aware of the risk but proceeded with conscious indifference to the safety of others. A trucking company that knowingly keeps a dangerous driver on the road, or a driver who causes a fatal crash while drunk, are examples of conduct that may meet this standard.
Section 41.008 caps exemplary damages at the greater of $200,000 or two times economic damages plus up to $750,000 of noneconomic damages found by the jury. The cap does not apply to certain felony conduct listed in § 41.008(c), including intoxication manslaughter.
Workplace deaths follow a special rule. When an employer carries Texas workers’ compensation, benefits are generally the exclusive remedy against the employer. Labor Code § 408.001(b) preserves the right of a surviving spouse or heirs of the body to seek exemplary damages when the employer’s intentional act or gross negligence caused the death.
How long does a family have to file?
Section 16.003(b) of the Civil Practice and Remedies Code generally requires a wrongful death suit to be filed within two years, and the claim accrues on the date of death, not the date of the original injury. Some situations change that timeline:
- Claims against a city, county or state agency require formal notice under the Texas Tort Claims Act within six months of the incident, and a city charter can require notice sooner.
- Deaths at sea or on navigable waters may fall under federal maritime law, which generally allows three years.
- Claims involving minors or other special circumstances can raise separate timing questions.
Our Texas personal injury statute of limitations guide explains these deadlines in more detail. Waiting is risky even when time remains, because evidence such as vehicle data and video can be lost within weeks.
Does it matter if the person who died was partly at fault?
Yes. Texas applies proportionate responsibility under Civil Practice and Remedies Code § 33.001. If the person who died is found more than 50% responsible, the family cannot recover. If the person who died is found 50% or less responsible, the damages are reduced by that percentage. Insurers often argue that the deceased was speeding, distracted or careless because the person cannot answer. Our guide to Texas’s 51% comparative fault bar explains how this rule works and how the evidence can be used to push back.
What should a family do after a fatal accident?
Grief comes first, and no family should feel rushed. A few practical steps, though, can protect the claim while you focus on each other:
- Request a copy of the crash report or incident report, and write down the names of any officers, investigators or witnesses you speak with.
- Keep funeral receipts, medical bills, pay stubs and tax returns for the person who died.
- Do not give a recorded statement to the at-fault party’s insurer or sign a release before getting advice.
- Avoid posting about the incident or the case on social media.
- Contact a lawyer before the vehicle, equipment or other physical evidence is repaired, sold or destroyed.
How does The Burkett Law Firm build a wrongful death case?
We prepare every wrongful death case as if it will be tried to a jury, because that preparation is what moves insurers toward a fair resolution.
- Preserve the evidence. We send preservation letters for vehicle event data, driver logs, dispatch records, phone records and surveillance video.
- Reconstruct what happened. We work with accident reconstruction experts and, when needed, engineers and safety specialists.
- Identify every defendant. Employers, vehicle owners, maintenance contractors, property owners and manufacturers can share responsibility. In fatal collisions involving commercial vehicles, our truck accident lawyers examine federal safety compliance and company hiring practices.
- Value the full loss. Economists calculate lost support and household services, and family testimony shows the relationship that was lost.
- Coordinate related claims. We handle the wrongful death and survival claims together, along with any maritime claims through our Corpus Christi maritime attorney practice.
The firm’s attorneys include David Burkett, Nathan Burkett and Eddie Perez. You can read more about David Burkett’s background and board certification.
The firm’s published results include $20,000,000 in a commercial van wrongful death case, and the firm has recovered more than $80,000,000 for injured clients and families. Past results do not guarantee a similar outcome in any future case.
Texas wrongful death FAQ
Can a family file a wrongful death claim if there was no criminal charge?
Yes. A wrongful death claim is a civil case, and it does not depend on a criminal charge or conviction. Families often pursue civil claims when prosecutors decline to file charges or while a criminal case is still pending.
Can a sibling file a wrongful death lawsuit in Texas?
No. Section 71.004 limits wrongful death beneficiaries to the surviving spouse, children and parents. A sibling may have an interest in the survival claim if he or she is an heir of the estate.
How is a wrongful death settlement divided?
If the case goes to verdict, the jury divides the wrongful death award among the eligible family members under § 71.010. In a settlement, the family members typically agree on the division, and a court may need to approve shares for minors. Survival claim proceeds go to the estate.
How long does a wrongful death case take?
Timelines vary widely. A case with clear liability and adequate insurance may resolve much sooner than one with disputed fault, multiple defendants or a trial. Most wrongful death cases settle before trial. We will give you a realistic estimate once we review the facts.
What does it cost to hire The Burkett Law Firm for a wrongful death case?
Consultations are free, and wrongful death cases are handled on a contingency fee. There is nothing to pay up front, and the family pays no attorney’s fee and no case costs unless the firm recovers compensation.
Can we recover punitive damages after a drunk driving death?
Possibly, for a surviving spouse or children. Texas allows exemplary damages in a wrongful death case when the death was caused by gross negligence, and the usual cap does not apply to conduct that is intoxication manslaughter under the Penal Code. The family must still prove the claim by clear and convincing evidence to a unanimous jury.
When should you call a wrongful death lawyer?
Reach out when your family is ready to talk, ideally within the first weeks after the death. Speaking with a lawyer early lets us preserve evidence, deal with insurers on your behalf and protect the two-year deadline. The Burkett Law Firm meets with families at its downtown office at 538 S Tancahua St, Corpus Christi, and serves families throughout Nueces County and the Coastal Bend. The family pays no attorney’s fee and no case costs unless the firm recovers compensation. Call (361) 882-8822 for a free consultation, or contact The Burkett Law Firm online.
Reviewed by David Burkett, Board Certified, Personal Injury Trial Law – Texas Board of Legal Specialization
