Who Can File a Wrongful Death Lawsuit in Texas?
When someone else is liable for the death of your family member, you have legal rights. Filing a wrongful death lawsuit is one of them. An experienced attorney can help you determine who can file a lawsuit on behalf of your deceased loved one and begin the process.
Wrongful death lawsuits allow grieving families and the estate of the defendant to seek compensation for an avoidable death. Just as an injured person can file a personal injury claim after an injury, the personal representative of a deceased victim can also file a lawsuit. Wrongful death lawsuits arise from a variety of situations such as car accidents, slip and falls, acts of violence, and other negligent or unlawful conduct that causes deadly circumstances. If someone close to you recently lost their life in a preventable manner due to the negligence of someone else, it is time to speak to a compassionate Round Rock wrongful death lawyer about your options.
Texas Law Defines Wrongful Death
Under Texas Statutes §71.001, a wrongful death action can be filed if the death results from the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or party. A civil lawsuit for wrongful death is entirely separate from any criminal cases surrounding the death. The outcomes can be different and may not rest on each other.
Who Can File a Wrongful Death Lawsuit in Texas?
One of the most common questions our Round Rock wrongful death attorney get ask is who can file a wrongful death suit on behalf of the deceased individual. This is a crucial question as the lawsuit must be filed by the people with the legal authority to do so. If the wrong people bring the claim, it can be thrown out of court and worth nothing.
Texas allows the surviving legal spouse, children, and parents of the decedent to file a wrongful death claim. Any of these people can file a single lawsuit, or two or more could file a lawsuit together. It’s best to speak with a knowledgeable Round Rock wrongful death lawyer to determine who should file the lawsuit on behalf of your loved one.
If within three months of the death of your loved one, the surviving spouse or parents do not file a wrongful death claim, the law provides that a personal representative or executor of their estate can file a claim. The only exception to this is if a family member requests explicitly that a wrongful death claims not be filed.
Although not law in every state, Texas provides for adult children to file wrongful death claims for their parents. Adopted children can also file wrongful death lawsuits on behalf of their legally adoptive parents, but they may not file suit on behalf of their biological parents once a legal adoption is complete. Round Rock wrongful death attorney
Reach out for Help from a Compassionate Round Rock Wrongful Death Lawyer Today
Losing a loved one is never easy, but losing a loved one because someone else was negligent can be more complicated. If the latter applies to you, you need an attorney who will fight for your family’s legal rights. You can schedule a free, confidential legal consultation with an attorney at the Elissa I. Henry Law Firm, PLLC, by calling (512) 766-4529 today or using our online contact form.
