Losing a loved one to negligence is devastating. We fight for the families of wrongful death victims, seeking justice and compensation to help them through this painful time.
Which Parties Can File Wrongful Death Lawsuit and When?
In Texas, specific family members have the legal right to file a wrongful death lawsuit. The Texas Civil Practice and Remedies Code § 71.004 directs that surviving family members can legally bring a lawsuit to secure wrongful death benefits. Note that this claim is brought separately from any criminal charges filed by law enforcement agencies.
The following parties might pursue a wrongful death claim:
- The surviving spouse
- The deceased person’s children, both biological or adopted
- The deceased person’s parents
These individuals may choose to appoint one individual to sue on behalf of all the other survivors. If none of these family members can file a claim, they can authorize the deceased estate’s personal representative to initiate the lawsuit.
As stipulated in Texas Civil Practice and Remedies Code §16.003, wrongful death lawsuits should be filed within two years of the tragic death. In most instances, the surviving family members who don't act within this timeframe end up losing the right to seek compensation. There are exceptions to this deadline in certain circumstances, but never assume they apply to your case. Make sure to consult our Texas wrongful death attorney immediately to ensure you stay informed about these critical considerations.