After a person suffers an untimely death, his or her surviving spouse, adult children, or parents may file a wrongful death claim in Texas. All family members can join together to make a single claim, or one individual can file the claim on his or her own.
Here are a few factors that can affect the filing of a wrongful death claim:
- Adoption. Under Texas law, adopted children can file a wrongful death claim for the death of a legally adoptive parent, but the adopted child cannot file a claim for the wrongful death of a biological parent. Adoptive parents may file a wrongful death claim for their adopted children and biological children. Surviving siblings are not allowed to file wrongful death claims for the loss of a brother or sister (regardless if the sibling is biological or adopted).
- Time limits. If no eligible family member files a wrongful death claim within three months of the date of death (as shown on the death certificate), an attorney or executor of the deceased person's estate may file the claim instead.
- Division of damages. In most wrongful death cases, the amount and proportion of damages awarded to the family members are decided by the court. Typically, the amount each surviving family member receives will be given in proportion to the economic and emotional injury he or she suffered as a result of the untimely death.
What Can Get You Justice and Compensation After a Wrongful Death in Your Family
Many family members are angry at the person who is responsible for taking their loved one away, and want to be sure the mistake that caused their loss will not happen again. We can get you the justice you deserve, as well as the payments you need to protect your family’s finances—and you will not pay us anything unless we win your case. Call Wayne Wright today at 800-237-3334 for a free case evaluation.