By Pacheco Couceiro
When a person in Brownsville or the Rio Grande Valley dies after a crash, a workplace incident, or another injury, families often hear two legal terms: "wrongful death" and "survival." Texas law treats them as two different claims with different beneficiaries. This article summarizes what Chapter 71 of the Texas Civil Practice and Remedies Code and the related limitations rules say, in plain language. Sources were checked on October 27, 2026. This article does not evaluate any claim or predict the outcome of any case.
Two different claims
Texas law separates the losses that a death causes into two categories:
- The wrongful death claim belongs to certain close family members for their own losses caused by the death. It is governed by Subchapter A of Chapter 71.
- The survival claim is the injured person's own personal injury claim, which does not end when the person dies. It is governed by Subchapter B of Chapter 71.
Both claims can come from the same incident, but the statute assigns them to different people.
The wrongful death claim
Section 71.002 says an action for actual damages arising from an injury that causes an individual's death may be brought if the injury was caused by a person's, or the person's agent's or servant's, "wrongful act, neglect, carelessness, unskillfulness, or default."
Section 71.003 adds two limits and clarifications:
- The wrongful death subchapter applies only if the injured person would have been entitled to bring an action for the injury if the person had lived.
- It applies whether the injury occurs inside or outside Texas.
Who the claim is for
Section 71.004 says the wrongful death action is "for the exclusive benefit of the surviving spouse, children, and parents of the deceased." The statute allows all of them to bring the action, or one or more of them to bring it for the benefit of all.
The same section adds a timing rule: if none of those family members has begun the action within three calendar months after the death, the executor or administrator of the estate shall bring and prosecute the action unless all of those family members ask the executor or administrator not to.
Other rules in Subchapter A
- Criminal cases. Section 71.006 says a wrongful death action is not precluded because the death was caused by a felonious act or because there may be a criminal proceeding related to the felony.
- Death of the defendant. Section 71.008 says that if the person who would be the defendant dies, the executor or administrator of that person's estate may be made a defendant.
- Exemplary damages. Section 71.009 says that when the death is caused by the defendant's wilful act or omission or gross negligence, exemplary damages as well as actual damages may be recovered.
- How damages are divided. Section 71.010 says the jury may award damages proportionate to the injury resulting from the death, and the damages are divided in shares found by the jury among the family members entitled to recover.
- Debts of the deceased. Section 71.011 says damages recovered in a wrongful death action are not subject to the debts of the deceased.
The survival claim
Section 71.021 says a cause of action for personal injury to the health, reputation, or person of an injured person does not end because of the death of the injured person or of the person liable for the injury. The statute says the action survives "to and in favor of the heirs, legal representatives, and estate of the injured person."
In practical terms, the survival claim is the claim the injured person could have brought if they had lived. Because it passes through the estate, questions about who may act for the estate, such as an executor or administrator, often come up.
Incidents outside Texas, including in Mexico
Border families sometimes face deaths or injuries that happen across the river. Section 71.031 says an action for the death or personal injury of a citizen of Texas, of the United States, or of a foreign country may be enforced in Texas courts even though the wrongful act took place in a foreign state or country, if certain conditions are met. Those conditions include that a law of the foreign state or country, or of Texas, gives a right to maintain the action; that the action is begun within the time allowed by Texas law; that, for a resident of a foreign state or country, the action is also begun within the time allowed by the law of the place where the wrongful act occurred; and, for a citizen of a foreign country, that the country has equal treaty rights with the United States.
Section 71.051 separately allows a Texas court, on motion, to stay or dismiss certain claims that would be more properly heard outside Texas, but it says the court may not do so if the plaintiff is a legal resident of Texas or a derivative claimant of a legal resident of Texas.
Deadlines
The general deadline is in Chapter 16 of the Civil Practice and Remedies Code. Section 16.003(b) says 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, and that the cause of action accrues on the death of the injured person.
Section 16.062 says the death of a person against whom or in whose favor there may be a cause of action suspends the running of an applicable statute of limitations for 12 months after the death, and that if an executor or administrator qualifies before then, limitations begins to run at the time of qualification.
Claims against a government body can also have short written-notice requirements. Our earlier articles on the Texas personal injury statute of limitations and Texas Tort Claims Act notice rules explain those deadlines in more detail.
Step by step: what families often gather
1. Get official records
Families commonly gather the death certificate and any police or incident report. For traffic deaths, our earlier article on getting a Texas crash report (CR-3) explains how to request one.
2. Identify the family members and the estate
Make a list of the surviving spouse, children, and parents, and note whether an executor or administrator has been appointed for the estate.
3. Write down key dates
Record the date of the injury and the date of death. Both can matter for the deadlines described above.
4. Keep records of losses
Keep medical bills, funeral expenses, pay records, and insurance letters in one place.
5. Talk with a lawyer before signing releases
Insurance companies may send settlement papers or releases. Families often ask a lawyer to review documents before signing anything.
Frequently asked questions
Can siblings or grandparents bring a wrongful death claim?
Section 71.004 lists the surviving spouse, children, and parents as the people for whose exclusive benefit the wrongful death action exists. Siblings and grandparents are not on that list. Other claims, such as the survival claim through the estate, follow different rules.
Does a criminal case have to finish first?
Section 71.006 says a wrongful death action is not precluded because there may be a criminal proceeding related to the death.
Does fault by the person who died matter?
Texas has a proportionate responsibility system that can affect recovery. Our earlier article on Texas modified comparative fault and the 51 percent bar explains the basics.
Can creditors of the person who died take wrongful death damages?
Section 71.011 says damages recovered in a wrongful death action are not subject to the debts of the deceased.
Questions in Brownsville and South Texas
Pacheco Couceiro works with people in Brownsville and across South Texas on personal injury matters. If your family lost someone and you have questions about wrongful death or survival claims, you can contact our office to talk about your situation.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship.