Texas lets a surviving spouse, children and parents recover pecuniary loss, loss of companionship and society, mental anguish and loss of inheritance, and lets the estate pursue the decedent's own claim. A death caused by health care liability faces caps. You have two years.
Enter the economic, companionship, mental anguish and survival losses, the claim type, and the responsibility split.
Texas's wrongful death act lets a jury award damages proportionate to the injury resulting from the death. In Sanchez v. Schindler (1983) the Supreme Court rejected the pecuniary-loss limit and allowed loss of companionship and society and mental anguish.
The action is for the benefit of the spouse, children and parents, and must be filed within two years of the death.
A local personal injury attorney can review your claim — many offer a free consultation.
This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Texas statutes. Confirm how these rules apply to your specific case with a licensed Texas attorney.