Losing someone you love because of another person’s negligence is one of life’s hardest experiences. Beyond the grief, families are often left wondering how a wrongful death settlement is divided among surviving relatives. These are not just legal details; they affect real families, futures, and healing.

With compassion and experience, our Houston wrongful death lawyer helps families understand how these settlements work under Texas law, who can receive compensation, and how to ensure a fair division among loved ones. By guiding you through every step, we help protect your family’s rights, prevent conflict, and bring clarity during one of life’s most painful times.

Who Can File and Receive a Wrongful Death Settlement?

In Texas, wrongful death claims are governed by the Texas Civil Practice & Remedies Code Chapter 71. Under Section 71.004, the following people may bring a wrongful death action:

The surviving spouse: The husband or wife of the deceased at the time of death, who may have lost companionship, support, and financial contributions.
Children (biological or legally adopted): All children of the deceased, including legally adopted children, who may have depended on the deceased for emotional support or financial assistance.
Parents of the deceased: The mother and father of the deceased, who may suffer the loss of companionship or support from their child.

Timeline for claim

In Texas, families have two years from the date of death to file a wrongful death claim under Texas Civil Practice & Remedies Code § 16.003. Missing this deadline can permanently prevent recovery. Filing promptly allows an attorney to investigate the case, gather evidence, and take legal steps to protect the family’s rights. Key points to remember:

Deadline: Two years from the date of death.
Evidence gathering: Accident reports, medical records, and witness statements are critical.
Legal protection: Early action helps preserve rights and strengthens the claim.
Avoid delays: Acting promptly ensures deadlines are met and increases the chance of fair compensation.

How Wrongful Death Settlements Are Divided in Texas

Wrongful death settlements in Texas are divided based on each eligible family member’s individual loss rather than an automatic or equal split. The process follows state law and considers factors like financial dependence, emotional impact, and future needs. Depending on whether the family agrees or not, the division may be handled privately or decided by a judge.

Family Agreement or Mediation
If family members can agree on a fair division, the court usually approves the arrangement. Mediation can help families reach a peaceful resolution without conflict or court hearings.
Court Decision
If the family cannot agree, a judge decides the division based on factors such as relationship to the deceased, financial dependency, emotional loss and companionship, and future needs, especially for minor children.
Texas Law: Distribution Under § 71.004
Under Texas Civil Practice & Remedies Code § 71.004, compensation is distributed among the surviving spouse, children, and parents of the deceased according to each person’s actual loss. The division is not automatically equal and considers financial dependency, emotional loss, and future needs.
Who Decides When There’s No Will?
Even if a will exists, a wrongful death settlement in Texas is governed by state law rather than the deceased’s written instructions. The focus is on the losses suffered by surviving relatives rather than the deceased’s wishes.

What Compensation Can Be Recovered?

The Texas Wrongful Death Act (§§ 71.001–71.012) allows families to recover compensation for both economic and non-economic losses, including:

Funeral and burial expenses.
Medical bills related to the final injury or illness.
Lost earning capacity.
Loss of companionship, love, and support.
Loss of inheritance.
Mental anguish suffered by surviving family members.

In some cases, families may also recover punitive damages under Section 71.009 if the death resulted from a willful act or gross negligence. Suppose the deceased had pending personal injury claims before passing. In that case, those can continue under the Survival Statute, § 71.021, which allows the estate to recover damages the person would have been entitled to if they had survived.

Common Challenges Families Face

Dividing a wrongful death settlement can be emotionally and legally complex. Common issues include:

Disagreements among family members about the distribution.
Insurance company tactics to minimize settlements.
The need for court approval when minors are involved.
Managing both wrongful death and survival claims under different statutes.

Protecting Your Family’s Future with Abogada Kim Bruno

While no settlement can replace a loved one, a fair and well-divided wrongful death settlement can bring financial stability and accountability for your family’s loss.

At Abogada Kim Bruno, our team handles every case with compassion, clarity, and dedication. We help families understand their rights under Texas wrongful death law and ensure that compensation is divided justly among those left behind.