If a loved one has tragically passed away because of the negligent actions of another person, then you might be wondering who can file a wrongful death claim in Texas. Close family members have legal rights in this situation, and it’s important to contact a wrongful death attorney as soon as possible for support.
Keep in mind that this process isn’t only about seeking compensation for the loss of life. It’s also about ensuring that justice is served when a person caused the death of your family member.
Also, there are strict filing deadlines for these types of claims, which is why you need to talk to a lawyer as soon as possible. Our team at The Green Law Firm is always just a phone call away and ready to help with your wrongful death claim.
Who Can Sue for Wrongful Death in Texas: Three Categories of Beneficiaries
In the state of Texas, there are three categories of wrongful death beneficiaries that can pursue a claim:
- A Surviving Spouse: You must be either legally married or have a common-law marriage that is legally recognized.
- Children of the Deceased: Both biological and legally adopted children have the right to pursue a wrongful death claim for the loss of a parent. This claim can be filed regardless of the child’s financial dependence on the deceased.
- Parents of the Deceased: The parents of the victim can pursue a wrongful death claim, including both biological and adoptive parents. If a parent had their parental rights taken away legally, then they are not eligible to file a claim.
Who Cannot Sue for Wrongful Death
There are a few categories of family members that have no legal rights in the state of Texas to sue for wrongful death, including:
- Siblings
- Grandparents
- Unmarried partners
- Fiancés
- Stepchildren (unless they were legally adopted by the deceased)
What Happens If No Family Member Files a Wrongful Death Claim
If three months pass after the wrongful death occurred and no eligible beneficiaries have filed, then the estate’s executor often has the authority to file the claim on behalf of the family.
Texas law allows the executor to file in order to avoid the issue of the wrongful death claim from expiring because of a delayed filing.
If the wrongful death beneficiaries collectively decide that they are going to decline their rights to pursue a claim, then the estate may not step in to file the claim at this point.
The Differences Between a Wrongful Death vs. a Survival Claim
There are a few nuances between these types of claims, and it’s common for families to pursue both wrongful death and a survival claim, especially when they are working with an experienced wrongful death attorney.
- Wrongful Death Claim: This type of claim is designed to compensate the family for their losses, such as the cost of the funeral, the loss of financial support that the deceased would have provided, and the loss of companionship.
- Survival Claim: On the other hand, this type of claim covers compensation for what the victim could have claimed if they had survived the accident. Examples of costs in a survival claim include medical bills that occurred before the person passed away, as well as pain and suffering.
How Damages Get Divided Among Beneficiaries
When the wrongful death settlement comes through, the next question is how the money will be shared among the beneficiaries. There is no fixed formula or legal guidelines to determine how the money is distributed, so a jury typically allocates the compensation based on the relationship that each beneficiary shared with the deceased and their individual loss as a result of the death.
Often, there are multiple beneficiaries involved, and they can end up with very different award amounts, depending on their specific circumstances.
Unfortunately, it is far too common for family disputes to happen because people don’t agree on how compensation should be divided. These details are typically worked out as part of the case, which is why it’s critical to have an experienced wrongful death attorney helping with the claim.
Wrongful Death Statute of Limitations: The Deadline That Matters Most
In the state of Texas, families have two years from the date of death to move forward if they choose to file a wrongful death claim. But this timeline is shorter when a government entity is involved (usually only a few months). The most important thing that you can do is talk to a wrongful death attorney right away to see which statute of limitations applies to your situation.
If this deadline is missed, then you might miss out on available compensation completely. It doesn’t matter how strong the case is; the claim must be filed within the proper timeline.
Also, we recommend that you hire a legal team as soon as possible, regardless of the statute of limitations. The sooner we start building the case, the easier it is to collect evidence and prove liability.
FAQs
Can a sibling file a wrongful death claim in Texas?
No, siblings have no legal rights for the wrongful death and they are not included among the beneficiaries who can file directly.
Can stepchildren file a wrongful death claim in Texas?
The only way stepchildren can file a wrongful death claim is if they were legally adopted by the deceased.
Can parents file a wrongful death claim if the child is an adult?
Yes, the Texas Wrongful Death Act allows parents to file for both minor and adult children. Both biological and legally adoptive parents have the right to file.
Expert Legal Advice for Your Family’s Wrongful Death Claim
You are dealing with the heartache of losing a loved one, which is why you need a legal advocate to fight for your rights during this challenging time. Not only can our team at The Green Law Firm help you understand who can file a wrongful death claim in Texas, but we are here to help you gather evidence and build a case that will win the settlement that you deserve.
If you are wondering where your family stands after experiencing a wrongful death, then we invite you to reach out to our team at Green Law Firm. Contact us to talk to a wrongful death attorney with a free, no-obligation consultation: (956) 542-7000.
