Did you lose a loved one because of someone else’s negligence? Texas law gives the rights to certain surviving family members to pursue monetary damages to help compensate for that loss. This helps with economic costs such as their lost income, but also the grief and suffering you’ve endured because of the loss. An experienced attorney can help you file your claim and pursue the compensation you deserve.
At Griffin Law Group, LLC, our dedicated Texas wrongful death lawyers are ready to help during this very difficult time. We offer compassionate services while aggressively pursuing your legal rights.
What Texas Law Says About Who Can File
Texas strictly limits who may file a wrongful death claim. Only the following individuals are considered statutory beneficiaries:
- The surviving spouse
- The deceased person’s children, including adult and legally adopted children
- The deceased person’s parents, whether biological or adoptive
These individuals may file a claim individually or together in a single lawsuit.
Siblings, grandparents, cousins, and other extended family members cannot file a wrongful death claim in Texas, regardless of how close they were to the deceased.
Special Considerations for Adoptive and Biological Relationships
Texas law treats legally adopted children the same as biological children for purposes of wrongful death claims. An adopted child may file a claim for an adoptive parent, and an adoptive parent may file for an adopted child. However, if a biological parent’s rights were terminated through adoption, neither the biological parent nor the child has standing to file a wrongful death claim for the other.
Can a Common‑Law Spouse File?
Yes, but only if the common‑law marriage is legally valid under Texas law. To qualify, the couple must show:
- They agreed to be married
- They lived together in Texas as spouses
- They represented themselves to others as married
All three elements must exist at the same time. If two years pass after separation without a proceeding to prove the marriage, Texas law presumes no agreement to marry existed. These cases can be complex, so it is best to get an attorney involved if you’re in a common-law marriage.
What Happens If Eligible Family Members Do Not File?
Texas lets those family members have three months from the date of the death to file their wrongful death claim. If they don’t, the administrator or the executor of the estate has to file the claim. If all eligible family members request them not to file a claim, the executor or administrator cannot file the claim.
This rule helps protect valid claims for families who are unsure about how to proceed, or are paralyzed by their grief.
Wrongful Death vs. Survival Actions
Many people get confused about wrongful death claims and survival actions. They are different legal claims and they serve different purposes.
Wrongful death claims compensate the family members who are alive after the accident for their losses, such as:
- Mental anguish
- Loss of companionship
- Lost financial support
Survival actions let the deceased person’s estate recover damages that the person would have been able to claim if they had survived the accident, such as:
- Medical bills
- Pain and suffering
- Lost wages before death
Both types of claims may arise from the same incident, and pursuing both can maximize the total recovery available to the family.
Common Situations That Lead to Wrongful Death Claims
Wrongful death claims in Texas often arise from:
- Car and truck accidents
- Drunk driving crashes
- Medical malpractice
- Workplace and construction accidents
- Dangerous or defective products
- Premises liability incidents
Let a Texas Wrongful Death Attorney Help You Seek the Compensation You Deserve
Losing a loved one is incredibly hard, especially when it is someone else’s fault. Whether through a car accident, work accident, or other cause, you could be entitled to compensation to help you and your family through this. We are here to assist you through all of it.
Consult a Texas wrongful death attorney at Griffin Law Group, LLC for help. Contact us today for a consultation of your case.