Under Texas law, a wrongful death occurs when a person’s life is lost due to the negligence, carelessness, recklessness or intentional acts of another person or entity. In these tragic circumstances, a McKinney wrongful death attorney can help surviving family members pursue a lawsuit and seek compensation for their profound loss. However, Texas law strictly limits who is eligible to file a wrongful death claim, no matter how close their relationship with the deceased.
Who Can File a Wrongful Death Lawsuit in Texas?
From car accidents and defective products to workplace accidents and acts of violence, many tragic events can lead to a person’s life being cut short. When a person, company, employer or manufacturer acts without due care, the following surviving family members may file individually or jointly with other eligible parties.
The Surviving Spouse
A spouse legally married to the deceased at the time of death is eligible to file a wrongful death lawsuit. Whether the marriage was long-term, recently formalized, or the spouses were separated, eligibility remains as long as the marriage was not legally dissolved. This also includes common-law marriages recognized in Texas.
Children of the Deceased
Any biological or legally adopted child of the deceased is eligible to file with no age limit. Claims involving children often include damages for loss of financial support, parental guidance and companionship. When choosing a wrongful death attorney, it is important to work with one experienced in handling these complex cases.
Parents of the Deceased
Biological and adoptive parents may file a wrongful death lawsuit even if the deceased was an adult. Parents are also still eligible if they are divorced and can choose to file individually or coordinate with the other parent and other qualified family members.
Who Cannot File a Wrongful Death Claim in Texas?
Many close friends and family members are excluded from filing a wrongful death claim. Under Texas law, siblings, grandchildren, grandparents, friends and unmarried partners do not have the legal right to file, even if they were financially dependent on the deceased. If you are unsure of your legal rights, speaking with an auto accident injury attorney or wrongful death attorney as soon as possible can help you avoid missing critical filing deadlines. In Texas, a wrongful death lawsuit must generally be filed within two years from the date of death.
Contact Us to Discuss a Wrongful Death Lawsuit in North Texas
Lucé Law, PC has been handling wrongful death claims and lawsuits for four decades. If you need assistance with a case in North Texas or across the state, speak with our wrongful death attorney team today. Call (972) 632-1300 or request a free legal consultation now.
