Death is inevitable, but if your loved one loses their life due to someone else’s negligent or unlawful acts, you deserve justice. If someone causes your loved one’s death through negligence, you may file a wrongful death claim against the at-fault party.
According to Texas statute, wrongful death occurs when an injury results in the victim’s death. The deceased would have filed a personal injury claim had they survived the incident that caused their death.
The following parties may file a wrongful death lawsuit in Texas.
The surviving spouse can lawfully file a wrongful death claim in Texas as long as they were in a formal or common-law marriage with the deceased. The spouse may also file a wrongful death claim if they were separated (but not yet divorced) when the person died.
The deceased’s biological or legally adopted children (age notwithstanding) may bring a wrongful death lawsuit against the negligent party. However, it is essential to note that an adopted child may not file a wrongful death claim against their biological parent.
Biological or adopted parents can file a wrongful death lawsuit in Texas. The same applies even if the parents are divorced.
Finally, the deceased’s estate representative can also file a wrongful death claim. If the lawsuit’s outcome is positive, the compensation award goes to the deceased’s estate beneficiaries.
The time limit for filing a wrongful death claim in Texas
In Texas, the deceased’s family or estate representative must pursue the negligent party for a wrongful death claim within two years of their loved one’s death.
Regardless of the cause, the death of a loved one can be devastating. If your loved one has died due to someone else’s negligent actions, or inaction, you may want to find out if Texas law allows you to file a wrongful death claim against the at-fault party.