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Texas CPRC chapter 71, wrongful death and survival: who may bring each action

The official text of CPRC §§71.002-71.004 and §71.021: who a Texas wrongful death action is for, who may bring it, and survival, in plain language.

9 min readPublished October 27, 2026Last updated October 27, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas Civil Practice and Remedies Code chapter 71 sets out two different actions after a death. Subchapter A, wrongful death, allows an action for actual damages arising from an injury that causes an individual's death, and says the action is "for the exclusive benefit of the surviving spouse, children, and parents of the deceased" (CPRC §§71.002, 71.004). Subchapter B, survival, says a cause of action for personal injury "does not abate because of the death of the injured person" and survives to the injured person's heirs, legal representatives, and estate (CPRC §71.021). An attorney can tell you how these rules apply to a specific situation.

This entry provides general informational guidance and is not legal advice.

Key facts (as of 2026-10-27)

  • The wrongful death cause of action. An action for actual damages arising from an injury that causes an individual's death may be brought if liability exists under §71.002, which covers an injury caused by a person's (or the person's agent's or servant's) wrongful act, neglect, carelessness, unskillfulness, or default (§71.002).
  • Tied to the injured person's own right. The wrongful death subchapter applies only if the injured individual would have been entitled to bring an action for the injury if the individual had lived or had been born alive (§71.003(a)).
  • Three named groups. The action is for the exclusive benefit of the surviving spouse, children, and parents of the deceased (§71.004(a)).
  • One may bring it for all. Those individuals may bring the action, or one or more of them may bring it for the benefit of all (§71.004(b)).
  • The executor or administrator after three calendar months. If none of them has begun the action within three calendar months after the death, the executor or administrator brings and prosecutes it unless all of them request otherwise (§71.004(c)).
  • Survival. A personal injury cause of action does not end because the injured person dies; it survives to and in favor of the heirs, legal representatives, and estate of the injured person (§71.021).
  • Two years for an action for a death. Suit must be brought not later than two years after the day the cause of action accrues in an action for injury resulting in death, which accrues on the death (§16.003(b)). Section 16.003 does not say which of its subsections applies to a survival action under §71.021.
  • The effect of a death on limitations. The death of a person against whom or in whose favor there may be a cause of action suspends the running of an applicable statute of limitations for 12 months after the death; if an executor or administrator qualifies before then, the statute begins to run at the qualification (§16.062).
  • History lines. The history lines for §§71.002, 71.004 and 71.021 list only their 1985 enactment (Acts 1985, 69th Leg., ch. 959). Section 71.003 was last amended in 2003 (Acts 2003, 78th Leg., ch. 822).

What does subchapter A say about the wrongful death action?

The official text of Tex. Civ. Prac. & Rem. Code §71.002(a) and (b), as published by the Texas Legislature:

Sec. 71.002. CAUSE OF ACTION. (a) An action for actual damages arising from an injury that causes an individual's death may be brought if liability exists under this section.

(b) A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.

Subsections (c) through (e) of §71.002 set out further liability rules for a proprietor, owner, charterer or hirer of an industrial or public utility plant or of a railroad, street railway, steamboat, stagecoach or other vehicle for the transportation of goods or passengers, and for a receiver, trustee or other person in charge of or in control of such a vehicle or plant or of other machinery. The full section is at the source link.

The official text of §71.003(a) and (b):

Sec. 71.003. APPLICATION; CERTAIN CONDUCT EXCEPTED. (a) This subchapter applies only if the individual injured would have been entitled to bring an action for the injury if the individual had lived or had been born alive.

(b) This subchapter applies whether the injury occurs inside or outside this state.

Subsection (c) of §71.003 lists claims for the death of an unborn child to which the subchapter does not apply. The full section is at the source link.

The official text of §71.004:

Sec. 71.004. BENEFITTING FROM AND BRINGING ACTION. (a) An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.

(b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.

(c) If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.

Source: Tex. Civ. Prac. & Rem. Code §§71.002-71.004, statutes.capitol.texas.gov. Text last checked October 27, 2026.

What does subchapter A mean in plain language?

  • The action is for named family members. Section 71.004(a) names three groups: the surviving spouse, children, and parents of the person who died. The action is for their "exclusive benefit".
  • The definitions do not cover family words. Section 71.001 defines "corporation", "person", "death" and "individual" for the subchapter, but chapter 71 does not define "spouse", "children" or "parents". Who falls within each word can depend on other Texas law, which this entry does not cover.
  • Not every family member has to file. Under §71.004(b), one or more of the named individuals may bring the action for the benefit of all of them.
  • The three-month rule is about who brings the action. Section 71.004(c) says what happens if none of the named individuals has begun the action within three calendar months after the death: the executor or administrator "shall bring and prosecute the action unless requested not to by all those individuals." Section 71.004(c) does not itself set a deadline for filing suit; the limitations sections described below (§§16.003(b) and 16.062) are separate.
  • The action depends on the injured person's own right. Under §71.003(a), the subchapter applies only if the person who died would have been entitled to bring an action for the injury if the person had lived or had been born alive.

What does subchapter B say about survival?

The official text of Tex. Civ. Prac. & Rem. Code §71.021:

Sec. 71.021. SURVIVAL OF CAUSE OF ACTION. (a) A cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death of the injured person or because of the death of a person liable for the injury.

(b) A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person. The action survives against the liable person and the person's legal representatives.

(c) The suit may be instituted and prosecuted as if the liable person were alive.

Source: Tex. Civ. Prac. & Rem. Code §71.021, statutes.capitol.texas.gov. Text last checked October 27, 2026.

What does subchapter B mean in plain language?

  • A personal injury claim does not end with a death. Section 71.021(a) says a cause of action for personal injury "does not abate" because the injured person dies, or because the person liable for the injury dies. The section does not define "abate"; read with subsection (b), which says the action "survives", it keeps the cause of action alive after the death.
  • It continues for the injured person's heirs and estate. Under §71.021(b), the action survives "to and in favor of the heirs, legal representatives, and estate of the injured person".
  • It also continues against the other side. The action survives against the liable person and that person's legal representatives, and under §71.021(c) the suit may be brought and carried on as if the liable person were alive.

How do the two actions differ under chapter 71?

Under chapter 71Wrongful death (subchapter A)Survival (subchapter B)
What it isAn action for actual damages arising from an injury that causes a death (§71.002(a))The injured person's own cause of action for personal injury, which does not abate because of the death (§71.021(a))
Who it is forThe surviving spouse, children, and parents of the deceased (§71.004(a))The heirs, legal representatives, and estate of the injured person (§71.021(b))
Who brings itThose family members, or one or more of them for all; the executor or administrator if none has begun it within three calendar months, unless all of them request otherwise (§71.004(b)-(c))Section 71.021 does not name who brings the suit; it says the action survives to and in favor of the heirs, legal representatives, and estate (§71.021(b))

Whether one action, both or neither is available, and who brings it, depends on the facts of a specific situation, which is a question for an attorney.

What filing period applies?

Chapter 71 does not set its own filing period for these actions. The general two-year period is in §16.003, and subsection (b) addresses an action for a death:

(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.

Source: Tex. Civ. Prac. & Rem. Code §16.003, statutes.capitol.texas.gov. Text last checked October 27, 2026.

Section 16.003(b) is about an action for injury resulting in death. Section 16.003 does not say which of its subsections applies to a survival action under §71.021. A separate section, §16.062(a), says: "The death of a person against whom or in whose favor there may be a cause of action suspends the running of an applicable statute of limitations for 12 months after the death." Under §16.062(b), if an executor or administrator of a decedent's estate qualifies before that period ends, the statute of limitations begins to run at the time of the qualification (§16.062).

Other statutes can set different rules for particular kinds of claims, such as the notice rule for a claim against a Texas governmental unit (the Tort Claims Act entry). Which period applies to a specific action is a question for an attorney.

When was this checked, and can it change?

The statute text above was last checked on October 27, 2026, against the official text published by the Texas Legislature. The Legislature can amend a statute in any session, and courts can refine how a rule is applied. The Legislature convenes in regular session on the second Tuesday in January of each odd-numbered year (Gov't Code §301.001), so the next regular session begins on January 12, 2027. This entry is scheduled to be rechecked against the official text by April 2027 and again after the 2027 regular session ends.

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Frequently asked questions

Who is a Texas wrongful death action for?
Tex. Civ. Prac. & Rem. Code §71.004(a) says an action to recover damages under the wrongful death subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.
Who may bring a wrongful death action in Texas?
Under §71.004(b), the surviving spouse, children, and parents of the deceased may bring the action, or one or more of them may bring it for the benefit of all. Under §71.004(c), if none of them has begun the action within three calendar months after the death, the executor or administrator brings and prosecutes it unless all of them request that it not be brought.
What is a survival action under §71.021?
Section 71.021 says a cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death of the injured person or of the person liable. The action survives to and in favor of the heirs, legal representatives, and estate of the injured person.
How is a survival action different from a wrongful death action under chapter 71?
They are set out in different subchapters. The wrongful death action in subchapter A is for an injury that causes a death, and is for the exclusive benefit of the surviving spouse, children, and parents. The survival rule in subchapter B keeps the injured person's own personal injury cause of action alive, in favor of the injured person's heirs, legal representatives, and estate.
What filing period applies to an action for a death?
Section 16.003(b) says a person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death, and that the cause of action accrues on the death of the injured person. Section 16.003 does not say which of its subsections applies to a survival action under §71.021, and §16.062 sets a separate rule on how a death affects a statute of limitations. Other statutes can set different rules for particular kinds of claims. Which period applies to a specific action is a question for an attorney.
Can InjuryClaimGuide tell me how this applies to my family?
No. InjuryClaimGuide is a legal advertising service. We do not apply the law to anyone's situation and do not evaluate any claim. An attorney can advise you about your specific situation.

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