A family member was killed in Texas and our family is undocumented or lives abroad. Can we still file?
- Texas Attorney
- Yale B.A. · University of Houston Law Center J.D.
- Habla español
- Updated October 5, 2026
Yes. Under Texas law, a wrongful death claim belongs to the spouse, children and parents of the person who died, and the law does not require them to have papers or to live in the United States. Families abroad prove the relationship with documents from their country, and we guide them through every step.
Tell me what happened
Jimmy reads every request himself and will be in touch with you shortly.
Who has the right to file
When someone is killed in Texas because of another person's or a company's negligence, the Texas Wrongful Death Act gives a claim to the surviving spouse, children and parents. The law does not require them to have papers or to live in the United States. A wife in Guatemala, children in Honduras or parents in Mexico can all be part of a Texas claim.
Separately, the person's own claim for what they suffered before death, and for medical and funeral costs, passes to their estate in what is called a survival claim.
What the family can recover
The money and support the person would have provided, loss of their care, companionship and advice, the family's mental anguish, and funeral and burial expenses. When the person sent money home every month, those transfers are part of the proof.
Proving you are family
We need official records showing the relationship: birth certificates for children and parents, and a marriage certificate for a spouse. They come from your country's civil registry, such as the Registro Civil in Mexico, RENAP in Guatemala, the RNP in Honduras or the RNPN in El Salvador. Mexican birth records can be printed online at gob.mx.
- Apostille: Mexico, Guatemala, Honduras, El Salvador, Colombia, Venezuela, Nicaragua, Ecuador, Peru and the Dominican Republic all issue apostilles, a certificate that makes a document valid in the United States. Cuba does not; Cuban documents go through a different legalization process.
- Translation: documents in Spanish need a certified English translation for a Texas court. We handle that.
- A spouse without a marriage certificate: Texas recognizes informal, or common-law, marriage when a couple agreed to be married, lived together in Texas as spouses and told others they were married.
Bringing your loved one home
Consulates help families send a loved one's remains home, and some help with the cost. Funeral and transport costs can be part of the claim. Which consulates in Houston can help.
The deadline
A Texas wrongful death claim generally must be filed within two years of the death, and evidence disappears much sooner. You can call from anywhere: we work with families by phone and video across borders, entirely in Spanish. Jimmy Suerken is a Mexican-American attorney, and you can talk with him directly.
More answers for people injured without papers
Other ways people ask this
My husband was killed in Houston and I live in Mexico. Can I file a claim?
Yes. A surviving spouse can bring a Texas wrongful death claim without living in the United States. We work with you by phone and video, in Spanish.
We weren't legally married. Can I still claim?
Possibly. Texas recognizes informal, or common-law, marriage when a couple agreed to be married, lived together in Texas as spouses and told others they were married.
Our children were born in the U.S. and we are undocumented. Who can file?
The children and the surviving spouse can both be part of the claim, whatever anyone's immigration status.
Do we need an apostille on our documents?
Usually, for records from a country in the Apostille Convention, which includes Mexico and most of Central and South America. Cuba is not, so Cuban documents are legalized another way. We tell you exactly what you need.
Authority: Tex. Civ. Prac. & Rem. Code ch. 71 · HCCH Apostille Convention status table · Actas de nacimiento en línea (gob.mx)
Your next steps, and ours
Call Jimmy
713-600-6233From anywhere, in Spanish. You can talk with Jimmy directly, and the consultation is free.
Gather family documents
Birth and marriage records from your country's civil registry. We tell you exactly which ones.
Contact your consulate
Consulates help families transport a loved one's remains. Keep every funeral and transport receipt.
We handle the rest
Apostilles, translations, the insurers and the case itself. Your family shouldn't have to chase anyone.
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