Who Can File a Wrongful Death Lawsuit in Texas?

Losing a loved one is one of the most painful experiences a family can endure, especially when their death is caused by someone else’s negligence or wrongful actions. In Texas, the law allows specific family members to seek justice and compensation by filing a wrongful death lawsuit. However, determining who is eligible to file such a claim can be confusing. 

Who Is Legally Allowed to File a Wrongful Death Lawsuit in Texas?

Under the Texas Wrongful Death Act, only certain individuals are legally allowed to file a wrongful death lawsuit. These eligible parties include:

• The spouse of the deceased: Both legally married spouses and common-law spouses are eligible to file a claim. For common-law spouses, you must be able to prove the validity of the relationship under Texas law.
• The children of the deceased: Biological and legally adopted children have the right to file a claim. However, stepchildren are not eligible unless they were legally adopted by the deceased.
• The parents of the deceased: Both biological and adoptive parents are entitled to file a wrongful death claim. This right applies regardless of whether the deceased was a minor or an adult at the time of their passing.

It’s important to note that siblings, grandparents, and other extended family members are not permitted to file wrongful death claims in Texas. If you fall outside the legally defined eligible parties, you may need to explore other legal avenues with the help of an attorney to determine if there are additional options for seeking justice.

What Happens If Family Members Fail to File a Lawsuit?

If the spouse, children, or parents of the deceased do not file a wrongful death claim within three months of their loved one’s passing, the law allows the executor or administrator of the deceased’s estate to file a lawsuit instead. This ensures that justice can still be pursued even if the immediate family does not take action.

However, this provision comes with a significant caveat: if any eligible family member explicitly objects to the executor filing the lawsuit, the claim cannot move forward. This highlights the importance of family members discussing their intentions and working together when considering legal action. Disagreements or misunderstandings among family members could delay or prevent a wrongful death case from being filed, potentially jeopardizing the ability to secure compensation.

When Should You File a Wrongful Death Claim?

In Texas, there is a strict deadline for filing wrongful death lawsuits, known as the statute of limitations. Generally, eligible parties have two years from the date of the deceased’s death to file a claim. If this deadline is missed, the court will likely dismiss the case, and the family will lose the opportunity to seek compensation.

There are a few exceptions to this two-year rule, such as cases involving fraud, the discovery of new evidence, or the death of a minor child. However, these situations are rare, and it is crucial to act as soon as possible to avoid losing your right to file. Consulting with an experienced wrongful death attorney can help ensure that you meet all legal deadlines and requirements, giving your case the strongest possible foundation.

What Damages Are Available in a Wrongful Death Case?

Filing a wrongful death lawsuit is not only about holding the at-fault party accountable—it’s also about helping surviving family members cope with the financial and emotional burdens caused by their loss. The damages available in a wrongful death case can vary depending on the circumstances of the death, but they generally fall into the following categories:

• Loss of financial support: This includes the income, benefits, and other financial contributions the deceased would have provided to their family if they had lived.
• Loss of companionship and emotional support: Family members can seek compensation for the emotional pain and suffering caused by the absence of their loved one, as well as the loss of their love, guidance, and companionship.
• Medical expenses: If the deceased incurred medical bills related to the injury or illness that caused their death, these costs can be recovered in a wrongful death claim.
• Funeral and burial expenses: Families can seek reimbursement for the costs associated with laying their loved one to rest.
• Punitive damages: In cases of gross negligence or intentional misconduct, the court may award punitive damages to punish the at-fault party and deter similar behavior in the future.

Every wrongful death case is unique, and the amount of compensation awarded will depend on the specific details of the case. An attorney can help you calculate the full extent of your losses and ensure that all potential damages are included in your claim.

Why Working with an Attorney Is Essential

Wrongful death cases often involve complex legal and procedural requirements. From gathering evidence to proving negligence, these cases can be overwhelming for grieving families to handle on their own. An experienced attorney can provide invaluable support by building a strong case on your behalf and advocating for the justice and compensation your family deserves.

In addition to helping you file the lawsuit, an attorney can assist with identifying all eligible family members, calculating damages, and negotiating with insurance companies or opposing counsel. This allows you to focus on healing and remembering your loved one while ensuring that your legal rights are protected.

Call Barrow Law if You’re Considering a Wrongful Death Claim

If you believe you may be eligible to file a wrongful death lawsuit, it’s important to take the following steps to protect your claim:

1. Gather documentation: Collect all relevant documents, such as the death certificate, medical records, and any evidence of the at-fault party’s negligence or misconduct.
2. Identify eligible family members: Ensure that you and any other potential claimants meet Texas’s eligibility requirements for filing a wrongful death lawsuit.
3. Consult with an attorney: Schedule a consultation with a wrongful death lawyer to discuss your case, review your legal options, and determine the best course of action.
4. Act quickly: Remember the two-year statute of limitations and begin the process as soon as possible to avoid missing important deadlines.

The legal process can feel overwhelming and intimidating, but you don’t have to face it alone. At Barrow Law, we are committed to helping families in Fort Worth and throughout Texas seek justice for their loved ones. Our compassionate team is here to guide you every step of the way and provide the support you need during this difficult time. If you have questions about whether you’re eligible to file a wrongful death claim, we encourage you to contact us today to learn more about your legal options.