Who Can File a Wrongful Death Claim in Texas?

When a loved one dies due to the negligence of another, it can mean more than heartbreak. It can also mean the loss of income and other financial difficulties. Whether for financial reasons or the desire for justice, the family of the deceased may explore the possibility of filing a wrongful death lawsuit.

It’s important to know who has the right to make a wrongful death claim in Texas. That way, you and your family can properly exercise your right to pursue compensation.

Certain Family Members Are Eligible to Pursue Wrongful Death Lawsuits

Chapter 71 of the Texas Civil Practice Code is very specific about who can file a claim. Essentially, it allows only immediate family members to file:

• Spouse: The victim’s surviving spouse can file for wrongful death, even if the couple was separated at the time of the accident.
• Children: Any of the victim’s biological or legally adopted adult children can file a claim. The child who files the case must be 18 or older.
• Parents: The victim’s biological parents can bring a lawsuit. If the victim was legally adopted, then the adoptive parents can file.

Other Family Members Cannot File Wrongful Death Claims

Texas law doesn’t allow any of the following people to file wrongful death lawsuits:

• Biological parents who gave the victim up for adoption
• Grandparents
• Siblings
• Stepparents
• Foster parents
• Boyfriends or girlfriends
• Other relatives

How Long Does the Family Have to File a Wrongful Death Claim?

Immediate family members should file within 90 days of the death. After 90 days, the estate executor may file instead.

What if No Family Member Makes a Claim?

If the immediate family doesn’t file a lawsuit within 90 days, the executor or representative of the victim’s estate can file a claim. However, they cannot pursue a case if the family specifically says they don’t want a case to be filed.

What Types of Compensation Can You Get in a Wrongful Death Case in Texas?

The compensation you can receive depends on the circumstances of the accident. These are some of the most common types of damages families can pursue:

• Loss of household income or earning capacity
• Medical expenses
• Funeral expenses
• Loss of companionship
• Loss of inheritance and savings, such as investment money that would have grown over time had the loved one lived longer

Additionally, punitive damages could come into play in certain situations. These are designed to punish the defendant for particularly outrageous behavior. For example, if your loved one was killed by a drunk driver, punitive damages might be possible because driving drunk is an egregious behavior.

Contact a Dallas Wrongful Death Lawyer for a Free Consultation

The firm of Ted B. Lyon & Associates represents families who’ve lost loved ones in fatal accidents in East Texas. This includes truck wrecks, car accidents and more. Call 877-Ted-Lyon or contact us online to arrange a free consultation to discuss your potential claim with an experienced attorney.