Texas Wrongful Death Calculator
CPRC §71.021 Texas Wrongful Death + Survival. NO cap general negligence. Ch 74 caps for medical malpractice only. $72M workplace + $7.375B Dallas outlier
How much is a Texas wrongful death case worth? General negligence cases involving commercial trucks or workplace deaths regularly $10M-$70M+ verdicts. 2024: $72M Frito-Lay + $37.5M Oncor. Medical malpractice: limited by Chapter 74 caps ($250K-$750K typical total).
⚖ CPRC §71.021: No cap general negligence. Beneficiaries: spouse, children (ADULT included), parents. Ch 74 caps med-mal only ($250K/$500K). 2 yr SOL.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Texas Wrongful Death — CPRC §71.021
Texas Chapter 71 Wrongful Death Act (CPRC §71.001-§71.012) allows surviving spouse, children (INCLUDING adult children), and parents to sue. Siblings + distant relatives have no standing. If eligible beneficiaries don't file within 3 months, estate's personal representative MUST file.
CPRC §71.021 Survival Statute: estate's parallel claim for decedent's pre-death losses (pain/suffering before death, medical bills, lost wages). Filed alongside wrongful death. BOTH claims pursued simultaneously.
Damages: lost earning capacity of deceased, loss of household services, loss of companionship + society, loss of inheritance, mental anguish of beneficiaries. Punitive damages: capped under §41.008 (greater of $200K or 2× economic + non-econ up to $750K). General negligence: NO cap (TX Constitution prohibits economic caps). Chapter 74 healthcare caps: $250K per claimant/physician + $500K aggregate — only for medical malpractice. SOL: 2 years (CPRC §16.003). Notable: $72M Frito-Lay scissor lift death (2024), $37.5M Oncor lineman crash (2024), $7.375B Dallas County outlier (2022, subject to appeal).
Texas Wrongful Death FAQs
Who can file wrongful death in Texas?
ONLY surviving spouse, children (including adult children), and parents. No siblings. No grandchildren. If eligible beneficiaries don't file within 3 months, estate's personal representative must file.
Is there a cap on Texas wrongful death damages?
For general negligence (car accidents, workplace injuries, products): NO cap on non-economic or economic damages. Medical malpractice cases: capped under Chapter 74 ($250K per claimant/physician + $500K aggregate). Punitive damages capped under §41.008.
What non-economic damages can I recover?
Loss of companionship, loss of society, mental anguish. Uncapped in general negligence (often the largest portion of the award). Medical malpractice: subject to Chapter 74 cap.
How long do I have to file?
2 years from date of death (CPRC §16.003). Limited discovery rule, narrowly applied by TX courts.
What is a survival action in Texas?
CPRC §71.021 survival statute: estate's claim for what decedent personally suffered before death — pain/suffering, medical bills, lost wages during dying period. Filed alongside wrongful death.
Can siblings or grandchildren file in Texas?
No. Texas strictly limits to spouse, children, parents. Siblings + distant relatives have no standing. This is narrower than California or New York.
How much is a Texas wrongful death case worth?
General negligence cases involving commercial trucks or workplace deaths regularly $10M-$70M+ verdicts. 2024: $72M Frito-Lay + $37.5M Oncor. Medical malpractice: limited by Chapter 74 caps ($250K-$750K typical total).
Are punitive damages available?
Yes for gross negligence or malice. Capped at greater of $200K or 2× economic + up to $750K non-economic (§41.008). Standard: clear & convincing evidence.
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for Texas
Each Texas calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Texas verdict data where available.