After a fatal accident in Navasota, TX, a family may have grounds for both a wrongful death claim and a survival claim. Texas law allows the estate to pursue the personal injury claim the person could have brought had they lived. These claims cover different losses and benefit different people.
How Wrongful Death and Survival Claims Differ
A wrongful death claim under Texas Civil Practice and Remedies Code Chapter 71 compensates eligible family members for their losses. These may include lost financial support, companionship, and mental anguish.
A survival claim under § 71.021 covers the injured person’s losses before death. These may include medical expenses, lost earnings, and conscious pain and suffering.
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Wrongful death claim |
Survival claim |
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Who benefits |
Eligible surviving family members |
The deceased person’s estate |
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Who brings it |
Spouse, children, parents, or the personal representative under certain circumstances |
Executor or administrator, or heirs in certain circumstances |
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What it covers |
The family’s losses resulting from the death |
The deceased person’s losses before death |
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Where the money goes |
To eligible family members |
Through the estate, under a will or state inheritance law |
Families may pursue both claims in the same lawsuit. A wrongful death lawyer in Bryan, TX can explain whether both apply and who can file them.
Who Can File Each Claim in Texas?
Under § 71.004, wrongful death claims benefit the surviving spouse, children, and parents of the person who died. One or more of these family members may file for the benefit of all.
Siblings cannot bring a Texas wrongful death claim for their own losses. This remains true even when no spouse, child, or parent survives.
If no eligible family member files within three calendar months after the death, the executor or administrator must bring the action. An exception applies if all eligible family members request that it not be brought.
Because a survival claim belongs to the estate, an executor or administrator usually brings it. Heirs may bring it in certain circumstances if they show that no estate administration is pending or necessary. Addressing this early can help prevent delays, especially when the person died without a will.
Filing Deadlines for Wrongful Death and Survival Claims
Under Texas Civil Practice and Remedies Code § 16.003(b), the wrongful death filing deadline is generally two years from the date of death. The deadline does not necessarily begin on the crash date.
If someone dies weeks or months after an accident, those dates will differ. However, a wrongful death claim generally cannot proceed if the injured person’s underlying claim had already expired before death. The date of death does not revive an expired claim.
A survival claim generally follows the deadline for the underlying personal injury claim, which usually begins on the injury date. Under § 16.062, death pauses that deadline for up to 12 months. It resumes sooner if an executor or administrator qualifies during that period.
Under § 16.001, if an eligible beneficiary is under 18 when the claim arises, the time before their eighteenth birthday generally does not count toward their filing deadline. This does not extend the adult beneficiaries’ deadlines.
Fatal Crash Statistics in Grimes County
Grimes County recorded 622 total crashes in 2024, including 14 fatal crashes that caused 14 deaths, according to the Texas Department of Transportation. That averages slightly more than one fatal crash per month.
State Highway 6, Business 6, FM 3090, and FM 379 are among the roads serving Navasota and nearby communities. After a fatal collision, a car accident lawyer in Navasota, TX can review the circumstances and explain which claims may apply.
Where a Navasota Wrongful Death Case May Be Filed
Navasota is in Grimes County, where district court proceedings take place in Anderson. The Grimes County Justice Center is located at 270 FM 149 W. The county is served by the 12th and 506th Judicial District Courts.
A crash in Grimes County may provide grounds to file there. However, the proper filing location depends on the facts and applicable court rules.
Frequently Asked Questions
Who Can Bring a Wrongful Death Claim in Navasota, TX?
The surviving spouse, children, and parents may bring the claim. An executor or administrator may also file on their behalf under certain circumstances. Siblings cannot recover damages through a Texas wrongful death claim.
What Is the Difference Between a Wrongful Death Claim and a Survival Claim?
A wrongful death claim covers eligible family members’ losses resulting from the death. A survival claim covers the deceased person’s losses before death, such as medical expenses, lost earnings, and conscious pain and suffering.
When Does the Two-Year Wrongful Death Deadline Start?
The deadline generally starts on the date of death, which may differ from the accident date. Certain exceptions may change the filing deadline.
What Happens if the Family Does Not File Within Three Months?
If no eligible family member files within three calendar months after the death, the executor or administrator must bring the claim. This requirement does not apply if all eligible family members ask that the claim not be brought.
How Gutierrez Law Can Help After a Fatal Crash
Filing wrongful death and survival claims on behalf of the right people is important. It can affect what compensation may be available and who can receive it.
Gutierrez Law can review your situation, explain how these claims work, and help you understand your legal options. We handle these cases on a contingency fee basis, meaning you pay no attorney’s fee unless we recover compensation for you.
If you lost a loved one in a Navasota crash, you can contact us at (979) 243-9912 to schedule a free consultation.
Last reviewed: November 2026
This post was reviewed by Brian C. Gutierrez, licensed in Texas since 2006.
Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed Texas attorney for guidance specific to your situation.
