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Can you sue for wrongful death?

| May 18, 2018 | Wrongful Death |

You never want to consider having to file a wrongful death lawsuit because doing so likely means that you have lost someone close to you in San Antonio. Yet if you have indeed reached that point, a number of questions are out needing answers. Do the circumstances of your loved one’s death warrant such action? Is there any ongoing criminal investigation into the matter? How much are you entitled to ask for? All of these deal with important elements related to the case. Before proceeding any further in your thoughts, however, you should be contemplating one question above all else: Can you even sue for wrongful death

While it may be difficult to believe, there are some states to limit the right to initiate a wrongful death lawsuit to a decedent’s personal representative. Texas’ Civil Practice and Remedies Code does indeed empower you (if you are your loved one’s personal representative) to initiate such action. However, in a departure from the practices of other states, Texas only allows a personal representative to sue after the surviving spouse, children and/or parents of a decedent have the chance to do so. 

If you filled either of the aforementioned roles in your loved one’s life, then you may choose to bring action either on your own or together with a group of his or her other qualified family members. If, again, you are the personal representative, you can only file a lawsuit if the family has not done so within three months of the decedent’s death. 

While the right to file differs between Texas and other states, the method through which compensation is dispersed does not. It is given to the decedent’s estate to be passed out amongst beneficiaries as the court sees fit.