Losing a loved one is devastating. In Texas, families do have a path to seek accountability through a wrongful death claim. This plain-English guide explains who can file, how long you have, what damages may be available, and how a survival action is different. It also includes a simple checklist and a side-by-side table to make hard steps easier.
Ryan Orsatti Law—based in San Antonio—helps families navigate these cases with personal attention and direct attorney access. The firm holds a perfect 5.0 client rating and is praised for clear communication and hands-on care. “They got me the max and were there for me every step of the way,” wrote one Google reviewer, highlighting the team’s steady support. Ryan Orsatti Law+1
Who can file a Texas wrongful death claim?
Texas law gives the right to file to the surviving spouse, children, and parents of the deceased. Any one of these family members can file for the benefit of all. Justia Law
If no family member files within three months of the death, the executor or administrator of the estate must file the case unless all eligible family members ask them not to. Justia Law
The deadline: two years from the date of death
Most Texas wrongful death lawsuits must be filed within two years of the death, not the accident date. This timeline matters for preserving your rights. Texas Statutes
What damages can be recovered?
Texas law recognizes three broad categories:
- Economic damages: financial losses like lost income and loss of inheritance. (Texas statutes define “economic damages” and “future loss of earnings,” which includes loss of inheritance.) Texas Statutes
- Non-economic damages: human losses such as mental anguish, loss of companionship and society, and other non-pecuniary harms. (Texas defines “noneconomic damages” to include these harms.) Texas Statutes
- Exemplary (punitive) damages: available when a death is caused by a willful act or omission or by gross negligence, subject to Texas standards for exemplary damages. Justia Law+1
Wrongful death vs. survival action (and why both can matter)
A wrongful death claim compensates the family for their losses (grief, companionship, financial support). A survival action is different: it continues the decedent’s own personal-injury claim for the pain, medical bills, and other damages the person suffered before death. Survival actions belong to the heirs, legal representatives, and the estate and are brought under a separate statute. FindLaw Codes
Quick comparison
| Topic | Wrongful Death Claim (family’s losses) | Survival Action (decedent’s claim) |
|---|---|---|
| Who benefits | Surviving spouse, children, parents | Heirs, legal reps, and estate |
| What it covers | Mental anguish, loss of companionship, loss of support/inheritance, etc. | Pain and suffering before death, medical bills, lost wages between injury and death |
| Who files | Any eligible family member(s); if not filed in 3 months, executor/administrator may file unless all beneficiaries object | Estate’s representative (or heirs/legal reps) |
| Statutory basis | Tex. Civ. Prac. & Rem. Code §71.004, §71.009; damages defined in Ch. 41 | Tex. Civ. Prac. & Rem. Code §71.021 |
| Typical deadline | 2 years from date of death | Generally 2 years (varies by underlying claim and accrual rules) |
Texas Statutes+4Justia Law+4Justia Law+4
Simple step-by-step: how a case moves forward
- Secure the death certificate and key records.
- Identify who may file (spouse, child, parent, or—after 3 months—executor/administrator). Justia Law
- Calendar the two-year deadline from the date of death. Texas Statutes
- Open/confirm the estate if a survival action or executor involvement is needed. FindLaw Codes
- Preserve evidence (photos, vehicle data, workplace logs, medical and billing records).
- Evaluate damages (economic and non-economic; consider exemplary where facts support it). Texas Statutes+1
- File and serve the lawsuit in the proper Texas court.
Why many San Antonio families choose Ryan Orsatti Law
Independent reviewers and local clients consistently cite responsiveness, clear updates, and direct access to an attorney. The firm’s perfect 5.0-star rating across 100+ Google reviews is frequently mentioned, and clients highlight personal attention:
- “They got me the max and were there for me every step of the way.” — Google review Ryan Orsatti Law
- “His team worked diligently to ensure I received the maximum settlement.” — Google review after an 18-wheeler crash Ryan Orsatti Law
These are client opinions about their experiences; results differ by case.
Local presence & access: 4634 De Zavala Rd, San Antonio, TX 78249. Call 210-525-1200. Hablamos Español. Ryan Orsatti Law
FAQ
Q: Can siblings file a wrongful death claim?
A: Texas limits beneficiaries to the surviving spouse, children, and parents. Siblings aren’t listed in the statute. Justia Law
Q: If no one files right away, who steps in?
A: After three months, the executor or administrator files—unless all statutory beneficiaries say not to. Justia Law
Q: When does the two-year clock start?
A: On the date of death, not the incident date. Texas Statutes
Q: What’s the difference between punitive and non-economic damages?
A: Non-economic damages compensate for human losses like mental anguish and loss of companionship; exemplary (punitive) damages punish willful or grossly negligent conduct, under strict Texas standards. Texas Statutes+1
Ready to talk—on your terms
Families in Bexar County and across South Texas often need personal attention and direct attorney access, not a call center. Ryan Orsatti Law keeps caseloads selective so clients get real communication and clear next steps. The firm offers free consultations and contingency-fee representation (no fee unless there’s a recovery). Call 210-525-1200 or visit 4634 De Zavala Rd, San Antonio, TX 78249. Ryan Orsatti Law
Disclaimer
This blog is for informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future results.