In Texas, wrongful death claims arise when an individual’s death is caused by the negligent, reckless, or intentional actions of another party. The state follows a modified comparative negligence system, meaning that the damages recoverable may be reduced proportionally based on the degree of fault assigned to the deceased person. The statute of limitations for filing a wrongful death claim in Texas is generally two years from the date of the individual’s death. To successfully bring a wrongful death claim, the claimant must establish three key elements:  

• Wrongful Act – The death must have resulted from a wrongful act, which encompasses negligence, recklessness, unskillfulness, or intentional misconduct.  
• Causation – There must be a clear and direct link between the wrongful act and the death. This means proving that the act was the proximate cause of the fatality, not just a contributing factor. 
• Damages- The claimant must show that the surviving family members have suffered measurable losses due to the death. These can be financial losses, such as medical expenses and lost income, or emotional losses, such as mental anguish and loss of companionship.