Who Can File a Wrongful Death Claim in Texas?

If you have lost a loved one to an accident or injury, you likely have questions about what comes next. While the situation may feel overwhelming or even hopeless, you don’t have to navigate it alone. Thomas J. Henry is here to help you understand your legal options and ensure you are aware of your rights as the spouse, child, or parent of someone who lost their life in a fatal accident.

One of the most important aspects of filing a wrongful death lawsuit is understanding who can bring a claim. Knowing who is eligible to file helps ensure that those with legal rights are aware of their options and that important filing deadlines are not missed. Let’s take a closer look.

Who Can File a Wrongful Death Claim in Texas?

Under Texas law, a wrongful death action can typically be brought by a victim’s:

• Spouse
• Children
• Parents

These family members may bring an action individually or together. Additionally, one eligible family member may also bring the claim on behalf of the other eligible beneficiaries.

The law only applies when a person’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity.

Can a Spouse File a Wrongful Death Claim?

Yes. A surviving spouse can generally bring a wrongful death claim after the death of their husband or wife.

The surviving spouse may pursue damages associated with the losses resulting from the death. This includes economic damages like loss of income and non-economic damages like loss of companionship.

Can Children File a Wrongful Death Claim?

Yes. The surviving children of a person who died may generally bring a wrongful death claim. This applies to adult children as well as minors, and it can include biological children and legally adopted children.

What damages may be available will depend on the circumstances of the case and the relationship the child had with the victim, so it is best to speak with an experienced wrongful death attorney to understand the true scope of your claim.

Can Parents File a Wrongful Death Claim?

Yes. The surviving parents of a deceased person may generally bring a wrongful death claim.

This applies even when the deceased person was an adult. However, the specific circumstances of the relationship and the losses suffered can affect whether a claim exists and the damages that may be recovered.

Can Multiple Family Members File a Wrongful Death Claim?

Yes. More than one eligible family member may have a claim arising from the same death.

For example, if a married person with children dies because of another party’s negligence, the surviving spouse and children may all have rights under Texas’s wrongful death statute.

Texas law allows the surviving spouse, children, and parents to bring an action together or permits one eligible person to bring the action on behalf of the others.

Because multiple family members can potentially have an interest in the same wrongful death claim, determining who should participate in the lawsuit can sometimes become complicated. Again, if you have any questions determining who should participate in the claim, request a free case review from a wrongful death attorney.

What If No Family Member Files a Wrongful Death Claim?

Texas law provides a mechanism for pursuing a wrongful death claim when the surviving spouse, children, or parents do not file one.

If none of these eligible beneficiaries files the wrongful death action within three months after the person’s death, the personal representative of the deceased person’s estate generally must bring the action unless a surviving family member requests that the action not be brought.

This is one reason families should not assume that they can wait indefinitely before taking action after a wrongful death.

Can Siblings File a Wrongful Death Claim in Texas?

Generally, siblings are not among the family members specifically authorized to bring a wrongful death claim under Texas’s wrongful death statute.

However, every situation is different. For example, a sibling may bring a wrongful death claim on behalf of a younger brother or sister that they have legally adopted. Additionally, a sibling may have other legal rights depending on the circumstances surrounding the death, the deceased person’s estate, or another potential cause of action.

This is why speaking to a licensed wrongful death attorney is so vital.

Who Receives Wrongful Death Damages?

Texas law generally allows wrongful death damages to be award to the surviving spouse, children, and parents of the deceased.

If a wrongful death case results in an award of damages, the jury determines how the damages are divided among the individuals who are entitled to recover and who are alive at the time of the verdict. The shares do not necessarily have to be equal.

This means that the person who files the lawsuit is not necessarily the only person who receives compensation. For example, a surviving spouse could bring a wrongful death action on behalf of themselves and the deceased person’s children, with the damages ultimately divided among the eligible beneficiaries according to the jury’s determination.

What If the Person Who Caused the Death Was Negligent?

A successful wrongful death claim requires that person’s death was caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default.

Potentially responsible parties can vary considerably depending on how the death occurred. For example, a wrongful death case could arise from:

• A motor vehicle crash
• A commercial truck crash
• A workplace accident
• A defective product
• Medical negligence
• A dangerous property condition
• Another act of negligence or wrongdoing

Also, there are instances where more than a single party is found liable. An example would be a dram shop situation where a drunk driver caused a fatal crash. The family of the deceased could seek compensation from the driver as well as the establishment that overserved them.

Determining who may be legally responsible often requires investigating what happened, identifying the responsible parties, and gathering evidence supporting the claim.

What Should You Do If a Family Member Dies Because of Someone Else’s Negligence?

After an unexpected death, it can be difficult to know what steps to take. If you believe someone else’s negligence or wrongful conduct contributed to your loved one’s death, consider speaking with an experienced wrongful death attorney as soon as possible.

An attorney can evaluate the circumstances of the death, determine who may have the right to bring a claim, identify potentially responsible parties, and explain the deadlines that may apply.

At Thomas J. Henry Law, our attorneys represent families in wrongful death cases throughout Texas. If your family has lost a loved one because of another person’s negligence or wrongful conduct, you can contact our firm to discuss your legal options.