Losing someone you love is one of the most devastating experiences a person can endure. When that loss is the result of someone else’s negligence, recklessness, or intentional misconduct, the grief can be compounded by a deep and justified sense of injustice. Tragedy can strike anywhere — on Austin’s congested highways, in a workplace, in a hospital, or even at a summer camp. When lives are cut short by the failures of those entrusted to keep people safe, Texas law gives surviving families a path to accountability.
That path is a wrongful death claim. And understanding how it works can make all the difference in the weeks and months that follow an unthinkable loss.
At LGR Law Firm, we have seen firsthand the human cost of negligence. Managing Partner Tray Gober has spent his legal career standing beside families at some of the most difficult moments of their lives. As he has stated publicly:
“Representing injury clients is about so much more than the money value of the case. No amount of money will be worth what has been taken. I start with the human and emotional value and build from there to seek a just amount.”
If you’ve lost a family member in Austin, Terrell, or anywhere in Texas due to another party’s negligence, this guide is designed to answer the questions you’re likely asking right now.
What Is a Wrongful Death Claim in Texas?
A wrongful death claim is a civil lawsuit filed by the surviving family members of someone who died due to the negligent, reckless, or wrongful act of another person or entity. Unlike a criminal prosecution — brought by the state to punish wrongdoing — a wrongful death lawsuit is filed by the family to seek financial compensation for their losses.
In Texas, wrongful death claims are governed by the Texas Civil Practice & Remedies Code, Chapter 71. The law recognizes that when a life is wrongfully taken, the people left behind suffer real, measurable losses that deserve legal redress.
The Camp Mystic flooding tragedy in Kerr County last summer brought this reality into sharp focus. Twenty-seven campers and counselors lost their lives when catastrophic Hill Country flooding struck the Guadalupe River camp. Families of the victims filed lawsuits alleging the camp showed reckless disregard for the lives of the children in its care. As legal proceedings moved forward, Austin trial attorney Tray Gober explained the purpose of the resulting court hearing to CBS Austin:
“This hearing is not about determining whether the camp was negligent in causing any injury or death.”
His point underscored something families in these situations need to understand: early legal proceedings — like temporary restraining orders — are procedural steps to preserve evidence and protect rights, not the final determination of liability. The full case comes later.
Common scenarios that give rise to wrongful death claims in Texas include:
- Fatal car, truck, or motorcycle accidents caused by a negligent driver
- Pedestrian or bicycle fatalities on Austin roadways, including I-35 and MoPac
- Workplace accidents and construction site fatalities
- Medical malpractice resulting in a patient’s death
- Defective product injuries that prove fatal
- Premises liability incidents, such as negligent security or dangerous property conditions
- Tragic events at camps, resorts, or other facilities where a duty of care exists
- Nursing home abuse or neglect leading to a resident’s death
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law is specific about who has standing to bring a wrongful death claim. Under the Texas wrongful death statute, only the following individuals may file:
Surviving Spouses
A husband or wife who has lost their partner to another’s negligence has the right to file, including legally married spouses in Texas.
Children of the Deceased
Biological and legally adopted children may file a wrongful death claim. This right extends to adult children, not just minors.
Parents of the Deceased
Biological and adoptive parents may file a claim for the wrongful death of a child, regardless of the child’s age.
Important: Siblings, grandchildren, and other extended family members generally cannot file a wrongful death claim in Texas. If the eligible parties do not file within three months of the death, the estate’s executor or administrator may bring the claim on behalf of the estate — unless the eligible family members specifically object.
What Is a Survival Claim — and How Is It Different?
In addition to a wrongful death claim, Texas law allows for a survival claim. These two actions are closely related but serve different purposes:
Wrongful Death Claim
Filed by surviving family members for their own losses — grief, financial hardship, and loss of companionship they personally experience as a result of the death.
Survival Claim
Brought on behalf of the deceased person’s estate. It seeks compensation for the pain, suffering, medical expenses, and losses the victim experienced between the time of injury and the moment of death. Compensation flows to the estate’s beneficiaries according to a will or Texas intestacy laws.
In many Texas wrongful death cases — including complex situations like the Camp Mystic litigation — both types of claims are filed simultaneously. An experienced Austin wrongful death attorney can help your family determine which claims apply and structure your case for maximum recovery.
The Importance of Preserving Evidence — A Lesson from Camp Mystic
One of the most critical — and often overlooked — aspects of a wrongful death case is the preservation of evidence. Once a tragedy occurs, the clock starts ticking: physical sites can be altered, documents can be destroyed, and witnesses’ memories fade.
In the Camp Mystic case, the Steward family sought a Temporary Restraining Order (TRO) specifically to prevent the camp from making changes to the Guadalupe River location where the flooding occurred. Their goal was to protect the evidence needed to understand exactly what happened to their daughter, 8-year-old Cecilia “Cile” Steward, who remains missing.
Tray Gober offered important legal context on the competing arguments at play when a different camp site is involved:
“If the primary grounds for relief in the TRO is to prevent the camp from making alterations or operating in such a way that it would destroy evidence, a different camp at a different site is a different argument, and it’s going to be a much higher hurdle.”
This is why contacting a wrongful death attorney immediately after a tragedy is so critical. Evidence doesn’t wait. The sooner legal action is taken, the stronger the foundation for your family’s case.
What Compensation Is Available in a Texas Wrongful Death Claim?
Texas law allows surviving family members to pursue compensation for a broad range of economic and non-economic losses. While every case is unique, recoverable damages typically include:
Economic Damages
- Lost income and future earning capacity the deceased would have provided
- Loss of household services and financial contributions
- Medical expenses incurred prior to death
- Funeral and burial costs
Non-Economic Damages
- Loss of companionship and consortium — the love, comfort, and affection the deceased provided
- Mental anguish and grief suffered by surviving family members
- Loss of parental guidance and nurturing for surviving children
- Pain and suffering the deceased experienced before death (survival claim)
Punitive Damages
In cases involving gross negligence or intentional misconduct, Texas courts may award punitive damages — also called exemplary damages — designed to punish the wrongdoer and deter similar conduct in the future.
Calculating the full value of a wrongful death claim requires experienced legal analysis. At LGR Law Firm, we work with financial experts, medical professionals, and life care planners to ensure that every element of your family’s loss is properly accounted for. As Tray Gober has made clear:
“You need only sit outside my office door while I’m negotiating with an insurance adjuster to know that I refuse to play games and will zealously advocate for my clients, whether it’s a $200 or $200,000 case. I fight for every penny owed.”
The Statute of Limitations for Texas Wrongful Death Claims
Time is one of the most critical factors in a wrongful death case. In Texas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. If this deadline is missed, your family will almost certainly lose the right to pursue compensation forever.
There are limited exceptions that can pause or extend this deadline — such as cases involving minors or instances where the cause of death was not immediately discoverable — but these exceptions are narrow and require careful legal evaluation.
The Camp Mystic families learned this lesson in real time: the flooding occurred in the summer of 2025. By March 2026, legal proceedings were already well underway. Acting early allowed the Steward family to preserve the Guadalupe River site as evidence, protect their legal rights, and begin the fight for accountability and answers.
If you’ve recently lost a loved one and believe another party may be responsible, don’t wait. Contact a wrongful death attorney in Austin or Terrell today.
How LGR Law Firm Supports Grieving Families in Austin and Terrell
At LGR Law Firm, we understand that every wrongful death case represents a real person and a family whose world has been shattered. We take on these cases on a contingency fee basis, which means:
- You pay nothing upfront
- We only collect a fee if we recover compensation for your family
- There is no financial risk in calling us for a free case review
From our offices in Austin and Terrell, we serve families throughout Travis County, Kaufman County, and the surrounding communities. Whether your loss occurred on an Austin highway, a rural Kaufman County road, or a Hill Country camp, LGR is here to carry the weight of the legal fight so that you can focus on healing.
Frequently Asked Questions About Texas Wrongful Death Claims
1. Who is eligible to file a wrongful death lawsuit in Texas?
Under Texas law, only the surviving spouse, children, and parents of the deceased have the legal right to file a wrongful death claim. Siblings, grandchildren, and other relatives generally cannot file. If none of the eligible parties file within three months of the death, the executor or administrator of the deceased’s estate may file on behalf of the estate.
2. What kind of compensation is available in a Texas wrongful death claim?
Families can pursue both economic and non-economic damages, including lost income, loss of companionship, mental anguish, funeral expenses, and the pain and suffering the deceased experienced before death (through a survival claim). In cases of gross negligence, courts may also award punitive damages.
3. What is the statute of limitations for filing a wrongful death lawsuit in Texas?
Texas gives families two years from the date of death to file a wrongful death lawsuit. Missing this deadline will almost always bar your family from recovering any compensation. Exceptions exist in limited circumstances but are narrow. Contact an attorney as soon as possible to protect your family’s rights.
4. What is the difference between a wrongful death claim and a survival claim in Texas?
A wrongful death claim is filed by surviving family members for their own losses — such as grief, lost financial support, and loss of companionship. A survival claim is brought on behalf of the deceased’s estate and seeks compensation for the victim’s own losses before death, such as medical bills and pain and suffering. Both claims can often be filed together in a Texas wrongful death case.
5. Why does it matter how quickly a wrongful death attorney is contacted?
Evidence is one of the most valuable assets in a wrongful death case — and it can disappear quickly. As illustrated by the Camp Mystic litigation, early legal action can result in court orders that preserve physical sites, documents, and witness accounts. Waiting too long risks losing the very evidence needed to prove what happened and who is responsible.
6. How long does a wrongful death case take to resolve in Texas?
The timeline varies significantly depending on the complexity of the case, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve in several months; others may take one to two years or longer. Your LGR attorney will keep you informed at every stage and pursue the fastest resolution that does not compromise the value of your claim.
You Don’t Have to Face This Alone
When you are grieving, the last thing you should have to navigate alone is a complex legal process. The team at LGR Law Firm is here to carry that weight for you. We will investigate your loved one’s death, identify all responsible parties, and build the strongest possible case — while treating every member of your family with the care, dignity, and respect they deserve.
Seeking justice for a loved one in Austin or Terrell? Contact LGR Law Firm today for a free, no-obligation case review. There is no fee unless we win.