Texas Civil Practice & Remedies Code § 71.004 – Eligible Wrongful Death Beneficiaries
Table of Contents
Statutory Text:
§ 71.004(a): A wrongful death action is for the exclusive benefit of the deceased’s:
Surviving spouse
Children
Parents
§ 71.004(b): These beneficiaries may file the suit individually or jointly.
§ 71.004(c): If none of these parties bring a claim within three months, the executor or administrator of the estate may bring the action unless instructed not to by the surviving family.
Who Can File a Wrongful Death Claim in Texas?
Under § 71.004, the following people may file a claim:
Surviving spouse (common law or legally married)
Children (biological and legally adopted)
Parents (biological or adoptive)
These individuals can sue individually or together in one action.
What Happens if No One Files Within Three Months?
If no eligible relative files within 3 months of death:
The estate’s personal representative (executor or administrator) may file
This is only allowed if the family does not object
Example Scenario
A man is killed in a workplace accident. His wife and children bring a wrongful death action jointly under § 71.004.
If they had not filed within three months, the executor of his estate could have filed instead.
Key Points of § 71.004
The action is exclusive to listed beneficiaries—siblings, grandparents, or fiancés cannot file
The law allows consolidated or individual claims
Estate claims and wrongful death claims are legally distinct but may proceed together
How This Statute Works With Other Provisions
§ 71.004 governs who can sue
§ 71.002 establishes the cause of action
§ 71.021 governs survival actions (claims for damages the decedent could have recovered if they had lived)
Related Statutes
§ 71.002 – Cause of Action for Wrongful Death
§ 71.021 – Survival Statute
§ 74.301 – Medical Liability Damage Caps
Texas Case Law Interpreting § 71.004
Established the framework for how wrongful death claims are calculated and who has standing to bring them.
Reaffirmed that only the spouse, children, or parents of the deceased may file a wrongful death claim under § 71.004.
Frequently Asked Questions About § 71.004
Houston Personal Injury Lawyer - Joel A. Gordon
Only the surviving spouse, children, or parents of the deceased may bring a wrongful death action under § 71.004.
No. Texas law does not allow siblings, cousins, or other extended family to file under § 71.004.
The estate representative may file, unless the beneficiaries object.
Family members can file either individually or jointly, depending on how they wish to proceed.