Who is Eligible to File a Wrongful Death Claim in Texas?

Losing a loved one is always heartbreaking, but when it’s caused by someone else’s negligence or wrongful actions, the emotional toll is even greater. In Texas, a wrongful death claim allows surviving family members to seek justice and financial compensation. However, not everyone can file such a claim. There are specific eligibility requirements, and it’s essential to know who can pursue a wrongful death lawsuit.

In this blog, we’ll explore the eligibility criteria for filing a wrongful death claim in Texas, who can file, when it’s appropriate, and the potential damages that may be awarded.

Quick Overview of Texas’s Wrongful Death Law

In Texas, only the surviving spouse, children (including adopted ones), and parents of the deceased can file a wrongful death claim. Other relatives generally can’t.

A wrongful death claim is a civil case to get compensation for the family’s losses, separate from any criminal charges.

The claim must be based on the idea that someone’s negligence or wrongful act directly caused the death.

There’s a strict two-year deadline, called the statute of limitations, to file a wrongful death claim in Texas, starting from the date of death.

If you’re unsure about eligibility or the process, talking to a wrongful death attorney in Texas is a good idea.

What Constitutes A Wrongful Death Claim in Texas?

Losing someone you love is incredibly tough, and it’s even harder when their death wasn’t just an accident but the result of someone else’s carelessness. In Texas, the law provides a way for certain family members to seek accountability through a wrongful death claim. It’s a civil lawsuit, separate from any criminal charges, aimed at holding the party responsible financially for causing the death.

A wrongful death claim can be filed when a person dies because of another party’s wrongful act, neglect, or carelessness. This isn’t about punishing the person who caused the death with jail time; that’s for criminal court. Instead, a wrongful death lawsuit is about compensating the surviving family for their losses.

The Role of Negligence in Wrongful Death Cases

Most wrongful death cases hinge on the concept of negligence. This means the person or entity being sued failed to exercise reasonable care and that failure directly led to the death. To prove negligence, you generally need to show:

• Duty:The at-fault party had a responsibility to act carefully.
• Breach: They failed to meet that responsibility.
• Causation:Their failure directly caused the death.
• Damages:The death resulted in losses for the surviving family.

This could involve anything from a distracted driver causing a fatal car crash to a company failing to maintain safe equipment, leading to a deadly accident.

Which Immediate Family Members Are Eligible to File a Claim?

When a tragic accident or someone’s carelessness leads to a loved one’s death, Texas law provides a specific pathway for certain family members to seek justice and compensation. It’s not just anyone who can step forward; the law is quite clear about who has the right to file a wrongful death claim.

The Surviving Spouse’s Right to File

The surviving spouse is typically the first in line to file a wrongful death claim. This means the deceased’s spouse has the legal standing to initiate a lawsuit. Even if the couple was separated at the time of the death, the spouse might still be eligible, though this can sometimes be a point of legal discussion. The law recognizes the unique financial and emotional bond between spouses, making them primary beneficiaries in these difficult situations. It’s important to understand that this right is defined by Texas law.

Eligibility of Surviving Children

Children of the deceased also have the right to file a wrongful death claim. This includes both biological and legally adopted children. Importantly, the children’s ages don’t matter; adult children are eligible on the same basis as minor children. The law doesn’t differentiate based on whether the child was financially dependent on the deceased at the time of their passing. This ensures that all children are recognized as potential claimants.

Rights of Surviving Parents

In Texas, both biological and adoptive parents of the deceased have the right to file a wrongful death claim, whether the deceased was a child or an adult. This right acknowledges the deep loss parents experience when their child dies due to someone else’s actions.

The Texas Wrongful Death Act outlines the specific individuals eligible to file, focusing on immediate family members to prevent conflicting claims. The primary individuals who can file a wrongful death claim are:

• Surviving spouse
• Surviving children (biological or adopted, regardless of age)
• Surviving parents (biological or adoptive)

These individuals can file together or separately, with all eligible parties notified to either join the claim or waive their right to participate, ensuring fairness in the legal process.

Who Is Not Eligible To File A Claim

Texas law sets pretty clear guidelines about who can and cannot file a wrongful death claim. Family members outside the core group of spouse, children, or parents usually don’t have this right. If you’re a sibling, grandparent, or more distantly related, this can feel unfair, especially if you were close to the person who died.

Limitations for Siblings and Other Relatives

Siblings, whether biological, half, or adopted, aren’t allowed to bring a wrongful death case in Texas. This bar also extends to:

• Grandparents, unless they legally adopted the person who passed away
• Aunts, uncles, and cousins
• Nieces and nephews

Even if you played a big part in your relative’s life, the law doesn’t give you standing to file. The idea is to keep claims straightforward and limited to immediate family, as detailed in wrongful death eligibility rules.

Exclusion of Significant Others and Blended Families

Unmarried partners, boyfriends, girlfriends, and fiancés are not seen as legal claimants under Texas law. That means even if you lived together or shared finances, you can’t file a wrongful death lawsuit. The rule is just as strict for blended families unless there has been a formal legal adoption; stepchildren or stepparents don’t have a claim.

Here’s what this means for blended or non-traditional families:

• Stepchildren can’t file for their stepparent unless they are legally adopted
• Stepparents are also excluded unless they completed a legal adoption
• Long-term partners have no claim, no matter how deep the bond

What is the Role of the Estate of the Deceased in Legal Matters?

When an Estate Representative Can File

If immediate family members (spouse, children, or parents) are unable to file a wrongful death claim within three months of the death, the deceased person’s estate representative can step in. This person, typically named in the will or appointed by the court, can file the claim on behalf of the family, ensuring legal action can still be pursued.

Survival Actions vs. Wrongful Death Claims

When an estate representative files, the claim benefits the surviving family members, not the estate itself. This distinguishes a wrongful death claim from a survival action. A wrongful death claim compensates for the losses of surviving family members, while a survival action seeks damages for the deceased’s suffering before death.

Key Differences:

• Wrongful Death Claim: Filed by eligible family members (or the estate representative after 3 months) for their losses due to the death.
• Survival Action: Filed by the estate representative for damages the deceased suffered before death.

Understanding these distinctions helps clarify the types of compensation available after losing a loved one.

Addressing the Legal Process for Wrongful Death

You’ve lost someone dear, and you suspect it was due to another party’s carelessness. It’s a challenging situation, and addressing the legal side can feel overwhelming. Texas has specific rules governing these cases, and knowing them is crucial if you’re considering taking action.

The Statute of Limitations in Texas

In Texas, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. This is known as the statute of limitations. While it may seem like plenty of time, cases can get complicated, and missing this deadline could mean losing your right to seek compensation.

There are some exceptions, such as if the cause of death wasn’t clear or the responsible party concealed their fault, but these are complex and require legal guidance.

Seeking Assistance From A Wrongful Death Lawyer in Texas

Handling a wrongful death claim on your own is challenging. An experienced lawyer can help determine if you have a valid claim, gather evidence, and negotiate with insurance companies. They can also explain the types of compensation you may recover:

• Economic Damages: Lost income, medical expenses, and funeral expenses.
• Non-Economic Damages: Grief, mental anguish, and loss of companionship.

Most wrongful death lawyers in Texas work on a contingency fee basis, meaning they only get paid if you win your case, with no upfront costs. Early legal advice can make a significant difference.

Grieving and Legal Matters: A Family’s Guide to Filing a Wrongful Death Claim in Texas

When it comes to filing a wrongful death claim in Texas, only certain family members are eligible. The law primarily allows the surviving spouse, children, and parents to pursue a claim. While other relatives may feel the loss deeply, the law limits who can file. It’s a difficult time, juggling grief and legal matters, it’s vital to act within the two-year statute of limitations.

If you’re unsure about your eligibility or need guidance through the process, Hollingsworth Law Firm is here to help. Our experienced Houston wrongful death attorneys can provide the support and legal representation you need in this challenging situation. Contact Hollingsworth Law Firm today for a free consultation and let us help you understand your legal options. We’re here to ensure your family’s rights are protected.

Related Links:

• Calculating Losses in a Texas Wrongful Death Case: More Than Just Lost Income
• What Families Need to Know About Wrongful Death Claims After a Texas Plant Explosion
• The Emotional and Financial Toll of Losing a Loved One to Negligence

About The Author

Steve Hollingsworth

Steve Hollingsworth is a seasoned trial attorney with extensive experience across Texas. After beginning his career as a felony prosecutor, Steve went on to represent major insurance companies before focusing on helping individuals injured in car, motorcycle, trucking accidents, and premises liability cases. Founder of his own firm, Steve is committed to providing personalized, client-focused legal representation to ensure justice for those he serves.