Who can file a wrongful death claim in Texas?

wrongful death

There is perhaps nothing more tragic than seeing the life of a loved one cut short. It can be a tremendously sad and traumatic experience for the friends and family of the recently deceased that they will carry for the foreseeable future. What can make it even more difficult is knowing that their death was caused by the negligence of another. While it may not necessarily soothe the pain of unexpectedly losing someone close, you may be eligible to file a wrongful death claim against the liable party, depending on the nature of your relationship with the deceased. If you are eligible to pursue a wrongful death lawsuit under Texas law, reach out to a Houston, Texas wrongful death lawyer from White Personal Injury for more information about the process. We proudly fight for clients in Fort Bend County and throughout the state of Texas.

How does filing a wrongful death claim in Fort Bend County, Texas work?

In the state of Texas, wrongful deaths are defined as a loved one dying from an injury due to the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity. There are numerous ways a wrongful death can fall under this statute, such as:

  • Driving under the influence
  • Defective products
  • Construction accidents
  • Industrial accidents
  • Medical malpractice

According to Texas law, only the spouse, children, parents, or personal representative of the deceased are eligible to file a wrongful death claim. It is important to note that neither children nor parents of the departed need to be biologically related to file a claim against the at-fault party. As long as documentation is presented, both legally adopted children and parents who legally adopted the deceased can qualify to file a claim. Spouses who are separated can also be eligible to file a wrongful death lawsuit if the marriage was formal or by common-law prior to the separation.

However, even if someone close to you has passed away due to the negligence of another party, being a direct relative does not necessarily mean you can file a wrongful death claim. Unfortunately, this means that siblings, cousins, aunts, uncles, and grandparents would not be eligible.

In Texas, wrongful death claims must be filed within two years from the passing of a loved one. If a settlement can not be reached with that at-fault party, the lawsuit will be taken to court. Wrongful death claims can be a lengthy and difficult process, it is important to have a skilled wrongful death lawyer on your side to successfully get the compensation you deserve.

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