Losing a loved one is an incredibly painful experience, especially when their death resulted from someone else’s negligence or wrongful act. In Texas, certain family members may be able to seek justice and compensation through a wrongful death claim or lawsuit.
If you lose a loved one this way, you should understand the basics of wrongful death claims.
Eligible family members
In Texas, the following family members can file a wrongful death claim:
- Surviving spouse
- Children, including adult and adoptive children
- Parents, including adoptive parents
These individuals can file the claim together or separately. If none of the eligible family members file a claim within three months of the deceased person’s death, the executor or administrator of the estate may file on behalf of the family.
Exceptions and limitations
There are some exceptions and limitations to keep in mind when considering a wrongful death claim in Texas. Siblings are ineligible to file a wrongful death claim regardless of their relationship with the deceased.
If the parents divorce, both parents can file a claim, but they must do so together. In addition, adult children can file a claim for the wrongful death of a parent, but parents cannot file a claim for the wrongful death of an adult child in most cases.
Understanding who is eligible to file a wrongful death claim in Texas is an important first step in seeking justice and compensation for your loss. If you believe that your loved one died due to someone else’s negligence or wrongful act, it may be beneficial to explore your legal options.
