After a fatal car accident in Texas, your family can recover death benefits from multiple sources, including a wrongful death claim, a survival claim, auto insurance proceeds, and workers’ compensation if your loved one was on the job at the time of the crash.
These benefits are not automatic. The amount your family receives depends on who was at fault, which insurance policies apply, and whether all eligible claims are filed correctly and on time.
This guide covers who qualifies to file, what compensation is available, how insurance coverage works, and which deadlines your family needs to know about.
What Counts as Death Benefits After a Texas Car Accident?
In Texas, “death benefits” is not a single check from one source. It’s an umbrella term for all the compensation your family can recover when a loved one dies because of someone else’s negligence on the road.
The source of that money depends entirely on the circumstances of the crash. Here’s where death benefits typically come from:
- Wrongful death claim: Compensation paid directly to surviving family members for their own losses.
- Survival claim: Compensation for what your loved one personally suffered between the crash and their death.
- Auto insurance proceeds: Payouts from the at-fault driver’s liability policy, your own UM/UIM coverage, or other applicable policies.
- Workers’ compensation: Separate death and burial benefits if the crash happened while your loved one was working.
Who Can File a Death Benefits Claim in Texas?
Under the Texas Wrongful Death Act, only three categories of people can file: the surviving spouse, the deceased’s children, and the deceased’s parents. Siblings, grandparents, stepchildren who weren’t legally adopted, and unmarried partners do not qualify under this statute.
A legally recognized common-law spouse has the right to file, as long as the informal marriage can be established under the requirements of the Texas Family Code.
If no eligible family member files within three months of the death, the executor or personal representative of the estate may file on the family’s behalf, unless the family specifically asks them not to.
What Compensation Can a Family Recover?
Texas law allows families to recover both economic losses (measurable financial harm) and non-economic losses (emotional and personal harm). In cases involving extreme recklessness, you may also be entitled to exemplary damages, which are extra damages meant to punish the at-fault party.
Economic Losses
Economic losses include all concrete financial costs associated with the death. This includes all medical bills incurred before your loved one passed, funeral and burial expenses, the income they would have earned over their lifetime, and the value of household services they provided, such as childcare, home maintenance, and caregiving.
Non-Economic Losses
Non-economic losses compensate your family for what can’t be measured in dollars. Mental anguish, grief, loss of companionship, loss of comfort, and loss of guidance are all recoverable, and they’re just as legitimate as a stack of medical bills.
Loss of Inheritance
Your family can also recover for the loss of inheritance, which is the amount your loved one would reasonably have saved and passed on had they lived a full life.
Exemplary Damages
Exemplary damages, also called punitive damages, apply when the at-fault driver’s conduct was especially reckless or intentional, such as drunk driving or street racing. These damages go beyond compensating your family; they’re designed to punish the wrongdoer and deter similar behavior.
How Do Wrongful Death and Survival Claims Differ?
This is one of the most misunderstood distinctions in Texas fatal accident law, and getting it wrong can cost your family real money. A wrongful death claim compensates the family for their losses. A survival claim compensates the estate for what the deceased personally suffered before they died.
| Feature | Wrongful Death Claim | Survival Claim |
| Who files | Spouse, children, or parents | Estate’s personal representative |
| Whose losses | The family’s | The deceased’s (before death) |
| Typical damages | Lost support, mental anguish, loss of companionship | Pre-death pain and suffering, medical bills, lost wages |
| Recovery goes to | Eligible family members | The estate, then heirs |
In most fatal car accident cases, I file both claims together. That’s the most effective way to capture the full scope of your family’s losses.
Which Insurance Policies Pay After a Fatal Car Accident?
Texas is an at-fault state, meaning the driver who caused the crash is financially responsible for the resulting harm. That driver’s liability insurance is usually the first place we look, but it’s rarely the last.
Liability Coverage and Policy Limits
Texas requires drivers to carry at least $30,000 in bodily injury liability coverage per person. That number sounds significant, but in a fatal accident case, it often doesn’t come close to covering what your family has lost. When the at-fault driver’s policy falls short, we look for every other available source of recovery.
UM/UIM Death Benefits
Uninsured/Underinsured Motorist (UM/UIM) coverage is your family’s safety net when the at-fault driver had no insurance, fled the scene, or carried limits too low to cover your damages. This coverage is part of your own auto policy, and it’s one of the most overlooked sources of death benefits in Texas.
Employer and Commercial Policies
If the at-fault driver was working at the time of the crash, a delivery driver, trucker, or anyone operating a company vehicle, their employer’s commercial insurance policy may apply. These policies carry much higher limits, sometimes $1 million or more, and they can dramatically increase the total recovery available to your family.
How Do Multiple Policies Affect Your Total Recovery?
The more liable parties involved in a crash, the more potential sources of insurance coverage we can pursue. A fatal accident involving a commercial truck, for example, might involve the driver’s personal policy, the trucking company’s commercial policy, and potentially a cargo loader’s policy, each stacked on top of the other.
Several factors determine how much your family can ultimately recover:
- Number of liable parties: More defendants often means more available coverage.
- Type of vehicle involved: Commercial vehicles are required to carry far higher insurance limits than private cars.
- Your own UM/UIM coverage: This adds a critical layer of protection when the at-fault driver’s policy isn’t enough.
- Strength of the evidence: The stronger the proof of negligence, the more leverage we have in negotiations.
What if the At-Fault Driver Died or Had No Insurance?
Your family’s claim doesn’t end because the at-fault driver died or was uninsured. If the driver passed away, their auto insurance policy remains active, and we can still file a claim against their estate for damages that exceed policy limits.
If they were uninsured, your own UM/UIM coverage steps in as the primary source of death benefits. At Perrin Law PLLC Injury & Accident Lawyer, I also investigate whether a third party , an employer, a bar that overserved them, or even a vehicle manufacturer, shares responsibility for the crash.
Do Workers’ Compensation Death Benefits Apply?
If your loved one was killed in a car accident while performing work duties, your family may be entitled to separate death and burial benefits through the Texas workers’ compensation system. These benefits are administered by the Texas Department of Insurance, Division of Workers’ Compensation (DWC).
- Death benefits: A portion of your loved one’s average weekly wage, paid to eligible dependents.
- Burial benefits: Up to $10,000 to cover funeral expenses for accidents on or after September 1, 2015.
- Filing deadline: You must submit DWC Form-042 within one year of the date of death.
Here’s the part most families don’t realize: receiving workers’ compensation does not prevent you from also filing a third-party wrongful death lawsuit against the at-fault driver. Both paths can be pursued simultaneously.
How Does Fault Affect What Your Family Can Recover?
Texas follows a rule called modified comparative fault. If your loved one was 50% or less responsible for the crash, your family can still recover , but the total award is reduced by their percentage of fault. If they were 51% or more at fault, your family recovers nothing.
For example, if a jury values your family’s losses at $1 million but finds your loved one was 20% at fault, your recovery reduced to $800,000. That one percentage point above 50% is often the difference between a life-changing recovery and nothing at all , which is exactly why insurance companies try to inflate the deceased’s percentage of fault.
What Is the Deadline to File a Wrongful Death Claim in Texas?
You have two years from the date of your loved one’s death to file a wrongful death lawsuit in Texas. This is called the statute of limitations, and it’s a hard deadline , miss it, and you lose your right to compensation entirely.
There are narrow exceptions for claims involving minors or cases where the cause of death wasn’t immediately known, but you should never count on those. Contact my law firm as soon as you can so nothing gets in the way of your family’s claim.
How Perrin Law Protects Your Family’s Case
For over 20 years, as a skilled Lubbock car accident attorney, I’ve helped Texas families recover the full compensation they deserve after fatal car accidents. When you work with my firm, you work directly with me , not a case manager or a junior associate.
I prepare every wrongful death case as if it’s going to trial. That approach signals to insurance companies that we’re serious, and it consistently produces better results than firms that rush to settle. You pay nothing unless we win , that’s my commitment to your family from day one.
If you’ve lost a loved one in a car accident, call my office today for a free consultation. Let me take on the legal fight so you can focus on your family.
Frequently Asked Questions
Are Wrongful Death Settlements Taxable in Texas?
Most wrongful death settlement proceeds are not taxable under federal law because they compensate for a personal physical injury or death. Portions allocated to punitive damages or interest may be taxable, so confirming with a tax advisor is a good idea.
Who Receives UM/UIM Death Benefits When Multiple Family Members Are Eligible?
UM/UIM benefits are paid to the same eligible beneficiaries under the wrongful death statute , the spouse, children, and parents , and are divided either by agreement among the family or by a court if there’s a dispute.
Does a Wrongful Death Settlement Go Through Probate?
A wrongful death recovery goes directly to eligible family members and does not require probate. A survival claim recovery, however, is paid to the estate and typically does involve the probate process.
Can a Common-Law Spouse File a Wrongful Death Claim in Texas?
Yes, a common-law spouse has the same right to file as a formally married spouse, provided the informal marriage can be legally established under the requirements of the Texas Family Code.
Can Your Family Still Recover Compensation if Your Loved One Was Partly at Fault?
Yes, as long as your loved one was 50% or less at fault for the crash. The total award will be reduced by their percentage of fault, but your family can still recover meaningful compensation.