Wrongful death cases in Texas: the rules and the lawyers

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Where the legal facts on this page come from

1. Tex. Civ. Prac. & Rem. Code § 16.003“(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues. (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.”Texas Legislature (statutes current through the 89th Leg., 2nd C.S., 2025) · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code § 16.003
2. Tex. Civ. Prac. & Rem. Code ch. 33“§ 33.001: In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. § 33.012(a): If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant's percentage of responsibility. § 33.012(b): If the claimant has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by the sum of the dollar amounts of all settlements. § 33.012(c): Notwithstanding Subsection (b), if the claimant in a health care liability claim filed under Chapter 74 has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by an amount equal to one of the following, as elected by the defendant: (1) the sum of the dollar amounts of all settlements; or (2) a percentage equal to each settling person's percentage of responsibility as found by the trier of fact.”Texas Legislature (statutes current through the 89th Leg., 2nd C.S., 2025) · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code ch. 33
3. Tex. Civ. Prac. & Rem. Code ch. 74“§ 74.051(a): Any person or his authorized agent asserting a health care liability claim shall give written notice of such claim by certified mail, return receipt requested, to each physician or health care provider against whom such claim is being made at least 60 days before the filing of a suit in any court of this state based upon a health care liability claim. The notice must be accompanied by the authorization form for release of protected health information as required under Section 74.052. § 74.051(c): Notice given as provided in this chapter shall toll the applicable statute of limitations to and including a period of 75 days following the giving of the notice, and this tolling shall apply to all parties and potential parties. § 74.052(a): Notice of a health care claim under Section 74.051 must be accompanied by a medical authorization in the form specified by this section. Failure to provide this authorization along with the notice of health care claim shall abate all further proceedings against the physician or health care provider receiving the notice until 60 days following receipt by the physician or health care provider of the required authorization. § 74.251(a): Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed; provided that, minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim. Except as herein provided this section applies to all persons regardless of minority or other legal disability. § 74.351(a): In a health care liability claim, a claimant shall, not later than the 120th day after the date each defendant's original answer is filed or a later date required under Section 74.353, serve on that party or the party's attorney one or more expert reports, with a curriculum vitae of each expert listed in the report for each physician or health care provider against whom a liability claim is asserted. The date for serving the report may be extended by written agreement of the affected parties. § 74.351(b): If, as to a defendant physician or health care provider, an expert report has not been served within the period specified by Subsection (a), the court, on the motion of the affected physician or health care provider, shall, subject to Subsection (c), enter an order that: (1) awards to the affected physician or health care provider reasonable attorney's fees and costs of court incurred by the physician or health care provider; and (2) dismisses the claim with respect to the physician or health care provider, with prejudice to the refiling of the claim. § 74.351(c): If an expert report has not been served within the period specified by Subsection (a) because elements of the report are found deficient, the court may grant one 30-day extension to the claimant in order to cure the deficiency.”Texas Legislature (statutes current through the 89th Leg., 2nd C.S., 2025) · read 8 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code ch. 74
4. Tex. Civ. Prac. & Rem. Code § 101.101“(a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe: (1) the damage or injury claimed; (2) the time and place of the incident; and (3) the incident. (b) A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved. (c) The notice requirements provided or ratified and approved by Subsections (a) and (b) do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant's property has been damaged.”Texas Legislature (statutes current through the 89th Leg., 2nd C.S., 2025) · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code § 101.101
5. Tex. Civ. Prac. & Rem. Code § 16.001“(a) For the purposes of this subchapter, a person is under a legal disability if the person is: (1) younger than 18 years of age, regardless of whether the person is married; or (2) of unsound mind. (b) If a person entitled to bring a personal action is under a legal disability when the cause of action accrues, the time of the disability is not included in a limitations period.”Texas Legislature (statutes current through the 89th Leg., 2nd C.S., 2025) · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code § 16.001
6. Tex. Civ. Prac. & Rem. Code § 74.051 (notice)“(a) Any person or his authorized agent asserting a health care liability claim shall give written notice of such claim by certified mail, return receipt requested, to each physician or health care provider against whom such claim is being made at least 60 days before the filing of a suit in any court of this state based upon a health care liability claim. The notice must be accompanied by the authorization form for release of protected health information as required under Section 74.052. … (c) Notice given as provided in this chapter shall toll the applicable statute of limitations to and including a period of 75 days following the giving of the notice, and this tolling shall apply to all parties and potential parties.”Texas Legislature, Texas Constitution and Statutes · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code § 74.051 (notice)
7. Tex. Civ. Prac. & Rem. Code § 74.351 (expert report)“(a) In a health care liability claim, a claimant shall, not later than the 120th day after the date each defendant's original answer is filed or a later date required under Section 74.353, serve on that party or the party's attorney one or more expert reports, with a curriculum vitae of each expert listed in the report for each physician or health care provider against whom a liability claim is asserted. The date for serving the report may be extended by written agreement of the affected parties. … (b) If, as to a defendant physician or health care provider, an expert report has not been served within the period specified by Subsection (a), the court, on the motion of the affected physician or health care provider, shall, subject to Subsection (c), enter an order that: (1) awards to the affected physician or health care provider reasonable attorney's fees and costs of court … and (2) dismisses the claim with respect to the physician or health care provider, with prejudice to the refiling of the claim. (c) … the court may grant one 30-day extension to the claimant in order to cure the deficiency.”Texas Legislature, Texas Constitution and Statutes · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code § 74.351 (expert report)
8. Tex. Transp. Code ch. 601 (motor vehicle safety responsibility)“§ 601.051: A person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle through: (1) a motor vehicle liability insurance policy that complies with Subchapter D; (2) a surety bond filed under Section 601.121; (3) a deposit under Section 601.122; (4) a deposit under Section 601.123; or (5) self-insurance under Section 601.124. § 601.072(a-1): Effective January 1, 2011, the minimum amounts of motor vehicle liability insurance coverage required to establish financial responsibility under this chapter are: (1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and (3) $25,000 for damage to or destruction of property of others in one collision.”Texas Legislature, Texas Constitution and Statutes (text read on tcss.legis.texas.gov) · read 8 Nov 2026Read the source: Tex. Transp. Code ch. 601 (motor vehicle safety responsibility)
9. Tex. Ins. Code ch. 1952, subch. D (personal injury protection)“§ 1952.151: "Personal injury protection" consists of provisions of an automobile liability insurance policy that provide for payment to the named insured in the policy, members of the insured's household, and any authorized operator or passenger of the named insured's motor vehicle, including a guest occupant, of all reasonable expenses that: (1) arise from an accident; (2) are incurred not later than the third anniversary of the date of the accident; and (3) are for: (A) necessary medical, surgical, x-ray, or dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing, or funeral services; (B) in the case of an income producer, replacement of income lost as the result of the accident; or (C) in the case of a person injured in the accident who was not an income or wage producer at the time of the accident, reimbursement of necessary and reasonable expenses incurred for essential services ordinarily performed by the injured person for care and maintenance of the family or family household. § 1952.152(a): An insurer may not deliver or issue for delivery in this state an automobile liability insurance policy … that covers liability arising out of the ownership, maintenance, or use of any motor vehicle unless the insurer provides personal injury protection coverage in the policy or supplemental to the policy. § 1952.152(b): The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing. … § 1952.153: This subchapter does not require an insurer to provide personal injury protection coverage in an amount that exceeds $2,500 for all benefits, in the aggregate, for each person. § 1952.155(a): The benefits under coverage required by this subchapter are payable without regard to: (1) the fault or nonfault of the named insured or recipient in causing or contributing to the collision; and (2) any collateral source of medical, hospital, or wage continuation benefits. § 1952.155(b): Except as provided by Subsection (c), an insurer paying benefits under coverage required by this subchapter does not have a right of subrogation or claim against any other person or insurer to recover any benefits by reason of the alleged fault of the other person in causing or contributing to the collision. § 1952.155(c): An insurer paying benefits pursuant to this subchapter, including a county mutual insurance company, shall have a right of subrogation and a claim against a person causing or contributing to the collision if, on the date of loss, financial responsibility as required by Chapter 601, Transportation Code, has not been established for a motor vehicle involved in the collision and operated by that person. § 1952.156(a): Subject to the requirements of this section and Section 1952.157, an insurer shall pay benefits under the coverage required by this subchapter periodically as claims for those benefits arise, but not later than the 30th day after the date the insurer receives satisfactory proof of a claim. § 1952.156(b): The coverage required by this subchapter may: (1) prescribe a period of not less than six months after the date of an accident within which the original proof of loss with respect to a claim for benefits must be presented to the insurer; … § 1952.157(a): If the insurer fails to pay benefits under the coverage required by this subchapter when due, the person entitled to those benefits may bring an action in contract to recover the benefits. § 1952.157(b): If the insurer is required to pay benefits described by Subsection (a), the person entitled to the benefits is entitled to recover reasonable attorney's fees, a penalty of 12 percent, and interest at the legal rate from the date those amounts became overdue.”Texas Legislature, Texas Constitution and Statutes (text read on tcss.legis.texas.gov) · read 8 Nov 2026Read the source: Tex. Ins. Code ch. 1952, subch. D (personal injury protection)
10. Tex. Ins. Code ch. 1952, subch. C (uninsured or underinsured motorist coverage)“§ 1952.101(a): In this section, "uninsured or underinsured motorist coverage" means the provisions of an automobile liability insurance policy that provide for coverage in at least the limits prescribed by Chapter 601, Transportation Code, that protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles damages for bodily injury, sickness, disease, or death, or property damage resulting from the ownership, maintenance, or use of any motor vehicle. § 1952.101(b): An insurer may not deliver or issue for delivery in this state an automobile liability insurance policy, including a policy provided through the Texas Automobile Insurance Plan Association under Chapter 2151, that covers liability arising out of the ownership, maintenance, or use of any motor vehicle unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy. § 1952.101(c): The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing. Unless the named insured requests in writing the coverage required by this subchapter, the insurer is not required to provide that coverage in or supplemental to a reinstated insurance policy or renewal insurance policy if the named insured rejected the coverage in connection with that insurance policy or an insurance policy previously issued to the insured by the same insurer or by an affiliated insurer. § 1952.104: The portion of a policy form … to provide coverage under this subchapter must: … (3) require that, for the insured to recover under the uninsured motorist coverage if the owner or operator of any motor vehicle that causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured. § 1952.106: Underinsured motorist coverage must provide for payment to the insured of all amounts that the insured is legally entitled to recover as damages from owners or operators of underinsured motor vehicles because of bodily injury or property damage, not to exceed the limit specified in the insurance policy, and reduced by the amount recovered or recoverable from the insurer of the underinsured motor vehicle.”Texas Legislature, Texas Constitution and Statutes (text read on tcss.legis.texas.gov) · read 8 Nov 2026Read the source: Tex. Ins. Code ch. 1952, subch. C (uninsured or underinsured motorist coverage)
11. Tex. Transp. Code ch. 550 (accidents and accident reports)“§ 550.021(a): The operator of a vehicle involved in a collision that results or is reasonably likely to result in injury to or death of a person shall: (1) immediately stop the vehicle at the scene of the collision or as close to the scene as possible; (2) immediately return to the scene of the collision if the vehicle is not stopped at the scene of the collision; (3) immediately determine whether a person is involved in the collision, and if a person is involved in the collision, whether that person requires aid; and (4) remain at the scene of the collision until the operator complies with the requirements of Section 550.023. § 550.023: The operator of a vehicle involved in a collision resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall: (1) give the operator's name and address, the registration number of the vehicle the operator was driving, and the name of the operator's motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision; (2) if requested and available, show the operator's driver's license to a person described by Subdivision (1); and (3) provide any person injured in the collision reasonable assistance, including transporting or making arrangements for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation. § 550.026(a): The operator of a vehicle involved in a collision resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the collision to the: (1) local police department if the collision occurred in a municipality; (2) local police department or the sheriff's office if the collision occurred not more than 100 feet outside the limits of a municipality; or (3) sheriff's office or the nearest office of the department if the collision is not required to be reported under Subdivision (1) or (2). § 550.0601: In this subchapter, "department" means the Texas Department of Transportation. § 550.062(a): A law enforcement officer who in the regular course of duty investigates a motor vehicle collision shall make a written report of the collision if the collision resulted in injury to or the death of a person or damage to the property of any one person to the apparent extent of $1,000 or more. § 550.062(b): The report required by Subsection (a) must be filed electronically with the department not later than the 10th day after the date of the collision. § 550.065(c): On written request and payment of any required fee, the department or the governmental entity shall release the information to: … (4) any person directly concerned in the collision or having a proper interest therein, including: (A) any person involved in the collision; (B) the authorized representative of any person involved in the collision; … § 550.065(d): The fee for a copy of the collision report is $6. The copy may be certified by the department or the governmental entity for an additional fee of $2. …”Texas Legislature, Texas Constitution and Statutes (text read on tcss.legis.texas.gov) · read 8 Nov 2026Read the source: Tex. Transp. Code ch. 550 (accidents and accident reports)

This is general information, not legal advice.