Who Can File a Wrongful Death Lawsuit in Texas?

Texas wrongful death law limits the parties who can file a wrongful death claim to the decedent’s surviving spouse, children, or parents. In some situations, the decedent’s personal representative can file this type of legal claim. Here are the relevant rules to be aware of:

Eligible Parties to File a Wrongful Death Case in Texas

The following parties can file a wrongful death case in Texas, subject to the rules below:

• Surviving spouse: The widow or widower can file this type of claim, alone or with the other eligible parties. They can file even if they were separated at the time of the accident and/or death.
• Children: Biological children and children who were legally adopted can pursue a wrongful death claim. Adopted children cannot file a wrongful death claim for their biological parents. They have the right to file a wrongful death claim even if they were not financially dependent on the decedent at the time of their death. The children must be legal adults to file this type of legal claim. If they are not, a representative can file on their behalf.
• Parents: The parents of the deceased can file a wrongful death claim on their behalf, even if they have divorced. However, the parents must have been legally recognized as their parent for them to be eligible. If a child has been adopted, their biological parents do not have the right to file this type of claim.
• Personal representative: Any of the parties above can file the wrongful death claim alone, or they can all file together. If they do not file this legal action within three months of the death, the executor or administrator of the decedent’s estate can file a wrongful death claim unless all of the individuals described above request them not to. The personal representative is named in the will. If there is no will, the court can appoint someone to this role.

Who Benefits from a Wrongful Death Case?

The same parties who have the right to file a wrongful death lawsuit (the surviving spouse, parents, and children) receive the proceeds from a wrongful death lawsuit or settlement. If only one person files the case, they do so on behalf of all of the eligible parties. The same concept applies if the personal representative files a wrongful death case. The personal representative must act in the interest of the legal beneficiaries and distribute any compensation received according to state law.

Survival Actions

In some cases, it may be possible to file a survival action in addition to or instead of a wrongful death case. This type of special legal claim seeks compensation for the damages the decedent suffered, not the family. It specifically applies to losses that the decedent experienced between the time of the accident and the death. This type of claim allows the following damages to be sought:

• Outstanding medical bills
• Lost wages before the individual’s death
• Property damage
• The decedent’s pain and suffering

Only the decedent’s estate has the right to file a survival action claim.

Contact Us Today for a Free Consultation

If you have recently lost a loved one, a dedicated San Antonio wrongful death attorney at The Aguirre Law Firm can compassionately guide you through the legal process. We can discuss whether you have the right to file a wrongful death claim and how we can help when you call for your free case review.