Suffering the loss of a family member, partner, close friend, or other loved one can be a painful and trying experience. Especially when the death is the result of a preventable accident that would not have occurred but for another’s negligence.
When someone dies because of another person’s wrongful actions, Texas law allows their surviving family members to file a wrongful death claim. If successful, it permits the recovery of damages related to the death. However, Texas statute only allows certain parties to file a wrongful death claim in our state.
If your loved one has died in an accident caused by the fault of another, you may have a wrongful death claim. It’s important to discuss your case with an expert wrongful death lawyer.
However, before you initiate the claims process, you should familiarize yourself with Texas wrongful death law. Here’s who can file a wrongful death claim:
Texas Statute and Wrongful Death Claims
Texas Civil Practice and Remedies Code Section 71.004 explains who may file a wrongful death claim and on whose behalf the claim can be brought.
The statute states that any damages awarded in a wrongful death claim are for the exclusive benefit of the surviving spouse, children, and parents of the deceased. It also explains that any one of these individuals may file the lawsuit on their own behalf, or on behalf of themselves and the others.
Of course, there are situations where a decedent may not have a surviving spouse, children, or parents. In addition, none of these parties may wish to pursue a civil action for wrongful death.
When this is the case, Texas statute states that if none of the above individuals entitled to bring forth a wrongful death claim have done so within three months of the victim’s death, the executor or administrator of the deceased’s estate shall bring forth the action unless requested not to do so by one of the named individuals.
Who Cannot File a Wrongful Death Claim in Texas?
The statute cited above specifically address who may bring forth a wrongful death claim (parents, spouses, and children), but does not address who may not. That being said, statutory language excludes extended relatives of the deceased, such as aunts and uncles, as well as grandparents, siblings, and unmarried couples (boyfriends/girlfriends).
Call Our Texas Wrongful Death Claims Lawyers for More Information
Losing a loved one can leave you with feelings of grief, sadness, and anger; navigating the civil law system while coping with these emotions may be overwhelming.
If your loved one has died due to another’s negligence and you think that you may have a cause of action to pursue a wrongful death claim, call our Texas wrongful death lawyers at the law office of Tawney, Acosta & Chaparro P.C. for a free consultation.
You do not have to do this alone – our team of seasoned attorneys is here to help. Contact us today by phone or online.
James Tawney
James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona where he attended Northern Arizona University where he received his undergraduate degree. James then went on to attend Texas Tech University School of Law in Lubbock, Texas. In 2016, he, along with fellow plaintiff’s attorney Alejandro Acosta, founded Flores, Tawney & Acosta, P.C. with offices located in Las Cruces and Carlsbad, New Mexico, and El Paso, Texas.
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