Who can file a wrongful death claim after the loss of a loved one?

The loss of a friend or family member has a significant impact on everyone they were close to. This is especially true if their death was preventable, the result of a company’s or another person’s negligence. However, only specific people can take legal action to hold those negligent parties responsible. Who can file a wrongful death lawsuit in Texas?

In Texas, who can make a wrongful death claim?

Under Texas law, only some members of the immediate family of the deceased can file a wrongful death claim. Parents, children, and spouses of the deceased can all take action to hold negligent people responsible for their part in the death. However, while some states allow siblings to file a wrongful death claim, this is not the case in Texas.

Wrongful death claims are not limited to biological family, provided the law recognizes a parental relationship. As a result, Texas law may also allow adopted parents or children of the deceased to file a suit, provided they completed the adoption process.

Can non-family members file a wrongful death lawsuit?

Texas law recognizes one other individual’s ability to file a wrongful death claim: the executor or administrator of their estate. Provided the immediate family has not filed a lawsuit within three months of the death and they do not object to the suit, the deceased’s personal representative can file up to two years after the death.

While only certain people can take legal action after another person’s negligence causes the death of their loved one, a wrongful death claim could allow them to hold that person responsible.