Houston
What families can consider after a wrongful death in Houston
The short answer
Under Texas law, which applies in Houston, a wrongful death action may be brought by the surviving spouse, children and parents of the person who died, for the benefit of all of them. A separate survival action carries on the injured person's own claim for the heirs and estate; both are described below with their sources. InjuryClaimGuide is not a law firm and does not provide legal advice.
Key facts, as of October 22, 2026
- A Texas wrongful death action is for the exclusive benefit of the surviving spouse, children and parents of the deceased, and any one or more of them may bring it for the benefit of all. Source: Tex. Civ. Prac. & Rem. Code §71.004(a)–(b)
- If none of them has begun the action within three calendar months after the death, the executor or administrator must bring it unless all of them ask that it not be brought. Source: Tex. Civ. Prac. & Rem. Code §71.004(c)
- Texas generally sets a two-year limitations period for an action for injury resulting in death, and that period starts on the date of death. Source: Tex. Civ. Prac. & Rem. Code §16.003(b)
Wrongful death claims are brought by surviving family members when negligence results in the loss of a loved one. They are emotionally and legally complex; this overview is informational only.
Related guide: How to choose a wrongful death lawyer in Houston
Related guide: How to find a personal injury lawyer in Houston
What is a survival action in Texas?
- A personal injury cause of action does not end because the injured person dies; it survives to and in favor of the injured person's heirs, legal representatives and estate. Source: Tex. Civ. Prac. & Rem. Code §71.021
Where are autopsy reports kept for deaths in Harris County?
- The Harris County Institute of Forensic Sciences investigates sudden deaths and deaths resulting from physical or chemical injury, to determine cause and manner of death. Source: Harris County Institute of Forensic Sciences
- The Institute says individuals may request a copy of a completed autopsy report in writing from its Administrative Services office at 1861 Old Spanish Trail, Houston, TX 77054; an emailed PDF has no charge, and a printed certified copy is $0.10 per page. Source: Harris County Institute of Forensic Sciences, Autopsy Reports
Who can be responsible for a death under the Texas wrongful death statute?
- 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 the person's agent's or servant's, wrongful act, neglect, carelessness, unskillfulness, or default. Source: Tex. Civ. Prac. & Rem. Code §71.002(b)
- The wrongful death subchapter applies only if the individual injured would have been entitled to bring an action for the injury had the individual lived, and it applies whether the injury occurs inside or outside Texas. Source: Tex. Civ. Prac. & Rem. Code §71.003(a)–(b)