Fighting For You After An Accident

Who can file a wrongful death claim in Texas?

On Behalf of | Oct 13, 2024 | Wrongful Death

Wrongful deaths can happen in all kinds of different ways. They can be related to a slip and fall, a car accident, medical malpractice – or even a deliberate assault. No matter how they occur, they’re devastating to the victim’s loved ones.

Wrongful death lawsuits cannot undo what’s been done and money will never replace a lost loved one, but they can provide compensation that helps survivors obtain more financial stability. A successful claim can help survivors recover their economic losses, such as the value of the deceased’s income or services, and noneconomic losses, such as the loss of the deceased’s companionship and guidance.

Typically, wrongful death lawsuits in Texas must be filed within two years of the victim’s death – but who has the right to bring that case?

Family first, estate second

Under the rules in this state, a wrongful death lawsuit must be filed by the deceased’s surviving spouse, children or parents. Each of these people can bring a case for themselves or the entire group’s benefit. These are also the “statutory beneficiaries” of the deceased who are entitled, per law, to receive compensation through a wrongful death claim.

If those people have failed to act within three calendar months from the deceased’s date of passing, then the executor or court-appointed administrator of the deceased’s estate is obligated to bring a lawsuit. The only exception to this obligation is when all of the concerned parties listed above have asked the executor or administrator not to proceed.

It’s important to recognize that – despite potentially close bonds – grandparents, siblings, romantic partners, stepparents and other relatives or close friends do not have a right to make this claim. 

If you’ve lost a loved one due to another party’s deliberate, reckless or negligent actions, it may be time to learn more.