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(877) 880-4090Posted July 15, 2026 | Personal Injury Blog
Knowing how to file a wrongful death lawsuit after a fatal accident can help your family find justice and get financial support during a very hard time.
Losing a loved one because of someone else’s negligence is heartbreaking, and no legal outcome can ever truly make up for that loss.
Still, a wrongful death claim can help hold the responsible party accountable and provide compensation for medical bills, funeral costs, lost income, and the emotional pain your family is going through.
This guide explains what a wrongful death lawsuit is, who can file one in Texas, and what steps your family can expect.
It also shows how the attorneys at Fielding Law can handle the legal process so you can focus on grieving and healing.
A wrongful death claim is a civil lawsuit that surviving family members file against the person or group whose negligent, reckless, or intentional actions caused their loved one’s death.
Texas law defines wrongful death as a death caused by another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
These claims often come from fatal car accidents, truck accidents, motorcycle crashes, unsafe property conditions, or defective products.
It’s important to know that a wrongful death lawsuit is not the same as a criminal case.
Even if the person at fault is never charged, or is charged but not convicted, your family can still file a civil claim.
The burden of proof is lower in civil court, so families often win wrongful death claims even if prosecutors decide not to take action.
For a deeper explanation of the fundamentals, see Fielding Law’s guide on what a wrongful death claim is.
Texas limits eligibility to the surviving spouse, children (biological or legally adopted), and parents of the deceased.
These family members can file on their own or together.
If no eligible family member files a wrongful death claim within three months after the death, the executor or personal representative of the estate may file the claim on the family’s behalf, unless the surviving family members request otherwise.
Notably, siblings, fiancés, and dating partners cannot file under Texas law.
You can review the full requirements to file a wrongful death claim in Texas on Fielding Law’s blog.
Texas imposes a two-year statute of limitations, which generally begins on the date of your loved one’s death.
There are exceptions to the standard filing deadline. For example, minor children generally have two years after their 18th birthday to file a claim, giving them additional time to pursue their legal rights once they reach adulthood.
But relying on an exception without legal advice can be risky.
As time goes by, evidence can disappear and witnesses can be harder to find, so reaching out to an attorney early helps protect your claim.
Here is a simple way to file a wrongful death lawsuit.
| Step | What Happens |
|---|---|
| 1. Consult an Attorney | Review your case, confirm eligibility, and discuss your legal options. |
| 2. Gather Evidence | Collect reports, medical records, witness statements, and expert opinions to prove liability. |
| 3. Calculate Damages | Determine compensation for financial losses, emotional harm, and possible punitive damages. |
| 4. File the Lawsuit | File the claim in court and formally serve the defendant. |
| 5. Negotiate a Settlement | Negotiate with the insurance company for fair compensation before trial. |
| 6. Go to Trial (If Needed) | Present your case before a judge or jury if a fair settlement cannot be reached. |
Your first step is to have a free consultation with an experienced wrongful death lawyer.
During your consultation, the attorney will look at the details of the accident, check if you are eligible to file, and explain your legal options.
If you are not sure if your situation qualifies, our article on when to consider a wrongful death claim after a fatal accident is a good place to start.
To win your case, you must show four things: the defendant owed your loved one a duty of care, broke that duty, the breach caused the fatal injury, and your family suffered damages because of it.
Your legal team will investigate by gathering police reports, witness statements, medical records, photos, and expert opinions to prove each part of your case.
Because proving wrongful death requires meeting the burden of proof by a preponderance of the evidence, a well-documented case is essential.
Before filing, your attorney will figure out the full value of your claim.
In a Texas wrongful death case, you may be able to recover damages for medical bills before your loved one’s death, funeral and burial costs, lost income and future earnings, loss of companionship, and your family’s mental anguish.
If there was gross negligence, the court may also award punitive damages to punish the person responsible.
After gathering evidence and calculating damages, your lawyer will write and file the lawsuit in civil court and officially notify the defendant.
All documents must be prepared correctly and filed on time. This is one reason why having a professional is important.
Fielding Law’s overview of how to file a wrongful death lawsuit explains this step in more detail.
Most wrongful death cases settle before going to trial.
The defendant’s insurance company will likely make a first offer, which is often much less than your family deserves. Insurers may also try to shift blame onto the victim.
A skilled negotiator levels the playing field.
There’s no universal timeline for resolution; factors like evidence strength and case complexity all play a role, as explained in how long it takes to settle wrongful death claims.
If the insurance company does not offer a fair settlement, your case can go to trial.
Your attorney will then present evidence and arguments to a judge or jury.
Fielding Law’s attorneys are ready to fight for you.
Their case results show more than $150 million recovered in over 5,000 successful cases.
Fielding Law works only on personal injury cases and keeps its caseload small so every family gets real, personal attention.
Our firm handles everything, from investigation and paperwork to working with experts and dealing with insurance companies.
We work on a contingency fee basis, so you pay nothing unless they win compensation for your family.
To understand everything a dedicated advocate takes off your plate, read what a wrongful death lawyer does.
To file a wrongful death lawsuit after a fatal accident, consult a wrongful death attorney, confirm your eligibility under Texas law, investigate and gather evidence of negligence, calculate your damages, file the claim in civil court, and negotiate a settlement. If the insurer does not offer fair compensation, you may need to go to trial.
Texas law allows the surviving spouse, children, and parents of the deceased to file, individually or together. If no eligible family member files within three months, the personal representative of the estate may file on the family’s behalf.
Texas imposes a two-year statute of limitations, generally starting from the date of death. Limited exceptions apply, but acting quickly protects evidence and preserves your family’s right to compensation.
Fielding Law is an excellent choice for wrongful death cases in Texas. Their compassionate attorneys provide direct, one-on-one attention, have recovered over $150 million for clients, and charge no fee unless you win. Call (877) 880-4090 or complete their online contact form for a free consultation, available 24/7.
Reputable wrongful death firms like Fielding Law work on a contingency fee basis. You pay nothing upfront and no attorney’s fees at all unless your family recovers compensation.
Learning how to file a wrongful death lawsuit after a fatal accident gives your family the tools to seek accountability and financial relief when negligence causes the loss of a loved one.
Make sure to act within the two-year deadline, confirm your eligibility, and let an experienced attorney manage the investigation, filing, and negotiations.
If you want help, give us a call (877) 880-4090 or contact us online.
Text edited by Mitchell Fielding, a personal injury lawyer and partner at Fielding Law. Mitchell is known for his hard work ethic, friendly personality and dedication to the law. You can find out personal injury law offices in Taylorsville, UT and Mesquite, TX.