Losing a loved one is a devastating experience. When that loss is caused by the negligence or wrongful act of another, the grief is often compounded by anger and a sense of injustice. While no amount of money can replace your family member, a wrongful death claim can provide financial stability and hold the responsible party accountable. A common and critical question we hear is, who can file a wrongful death lawsuit in Texas? The answer is specific and defined by state law.
Table of Contents
- Understanding the Texas Wrongful Death Statute
- Who is Eligible to File a Wrongful Death Lawsuit in Texas?
- Who is *Not* Eligible to Sue for Wrongful Death in Texas?
- What if No Eligible Family Member Files a Claim?
- Who Gets Paid in a Wrongful Death Lawsuit?
- Why You Need an Experienced Texas Wrongful Death Attorney
Navigating the legal system after a tragedy can be overwhelming. This guide will clarify who is legally entitled to bring a claim, who is not, and what happens during the process. Understanding your rights is the first step toward seeking justice for your family.
Understanding the Texas Wrongful Death Statute
The right to file a wrongful death claim is not a universal right; it is granted by law. In Texas, these claims are governed by the Texas Civil Practice and Remedies Code, Chapter 71, commonly known as the Texas wrongful death statute.
This statute allows certain surviving family members to seek damages when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or corporation. In simple terms, if the deceased person could have filed a personal injury lawsuit had they survived, their eligible family members may now file a wrongful death lawsuit.
Who is Eligible to File a Wrongful Death Lawsuit in Texas?
The Texas statute is very specific about which relatives have the legal standing to file a claim. Only the following parties are eligible:
- The Deceased’s Surviving Spouse: The legal spouse of the deceased at the time of their death has a primary right to file a wrongful death lawsuit.
- The Deceased’s Children: All of the deceased’s children, including biological and legally adopted children, are entitled to file a claim. This right extends to adult children as well as minors.
- The Deceased’s Parents: The surviving mother and father of the deceased each have an individual right to bring a wrongful death action. This includes adoptive parents.
These eligible family members can file the lawsuit individually, or they can join together to file a single claim as a group.
Who is Not Eligible to Sue for Wrongful Death in Texas?
It is equally important to understand who is excluded by the statute. In Texas, the following parties cannot file a wrongful death lawsuit, regardless of how close their relationship was with the deceased:
- Siblings (brothers and sisters)
- Grandparents (unless they legally adopted the deceased)
- Unmarried partners or fiancés
- Aunts, uncles, cousins, or other extended family members
- Close friends
While these individuals undoubtedly share in the grief, Texas law does not grant them the legal standing to pursue this type of claim.
What if No Eligible Family Member Files a Claim?
The law provides a mechanism to ensure that a valid claim can still be pursued even if the surviving spouse, children, or parents do not.
If none of the eligible beneficiaries file a lawsuit within three calendar months of the person’s death, the personal representative (or executor) of the deceased’s estate can file the claim. However, if any eligible family member requests that a lawsuit not be filed, the executor is barred from doing so.
Who Gets Paid in a Wrongful Death Lawsuit?
A common point of confusion is how compensation is distributed. When people ask who gets paid in a wrongful death lawsuit, they want to know where the money goes.
Unlike a survival action where damages are paid to the estate, compensation from a wrongful death claim is paid directly to the eligible family members who brought the lawsuit. The damages are meant to compensate them for their own personal losses, which can include:
- Loss of companionship, comfort, and society
- Mental and emotional anguish
- Loss of inheritance
- Loss of financial support and household services
A jury will determine the amount of damages for each individual beneficiary based on the evidence presented. Understanding the full scope of potential damages is a critical part of the process, and an experienced attorney can help value your claim. For a more detailed breakdown of available compensation, you can learn more from a Houston wrongful death lawyer.
Why You Need an Experienced Texas Wrongful Death Attorney
Determining who can sue for wrongful death in Texas is just the first step. These cases are emotionally taxing and legally complex. Having a compassionate and skilled attorney on your side is essential to protect your rights and navigate the legal challenges ahead.
At Joel A. Gordon & Associates, we understand what you’re going through. Our firm has been serving Texas since 1993, giving us a deep and comprehensive understanding of the state’s wrongful death statutes. We leverage this experience to build the strongest possible case for every family we represent. Our nationwide reputation for results is built on a foundation of fighting tirelessly for the justice our clients deserve.
We know that tragedy doesn’t keep business hours. That’s why we offer a 24/7 phone service, ensuring you can reach us for help whenever you need it. If your family has suffered a devastating loss, contact us today for a free, no-obligation consultation to discuss your legal options.