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Who is eligible to file a wrongful death claim in Texas?

On Behalf of | Mar 18, 2024 | Wrongful Death |

Natural deaths, while devastating, are a part of life that individuals can mentally prepare for. The fact that individuals pass away due to sickness or illness is a widely understood reality. However, an unexpected death can be overwhelmingly difficult to cope with. It’s a scenario that leaves loved ones with grief and, at times, many unanswered questions.

One of those questions may involve how the bereaved can seek justice. The answer lies in a wrongful death claim.

Fortunately, in Texas, certain individuals have the right to file a wrongful death claim to pursue compensation for their loss.

Eligible family members

When someone passes away due to someone else’s negligence, it is considered a wrongful death. For instance, if a person is killed in a car accident caused by another driver’s recklessness, family members can seek justice and financial compensation through a wrongful death claim. This claim serves as a tool for holding the responsible party accountable.

Here are the family members of the deceased who are eligible to file this claim:

  1. Surviving spouse: This includes both legally married partners and those recognized as common-law spouses. The claim can help the surviving spouse recover damages for loss of companionship, emotional distress, lost earning capacity of the deceased and other relevant costs.
  2. Children: Children, both minor and adult, biological and adopted, can file a wrongful death claim in Texas. This claim can compensate for the loss of parental guidance, emotional support and potential financial support.
  3. Parents: The parents of a deceased individual, whether biological or adoptive, also have the right to file a wrongful death claim. They can seek compensation for emotional pain and suffering, lost potential financial support and other damages.

Understanding who can file a claim can help the bereaved hold the responsible party accountable.

Pursuing justice

Filing a claim involves understanding the statute of limitations, gathering the necessary evidence and following the legal procedures under Texas law. This process of pursuing justice after an unexpected loss can certainly be complex. So, those seeking to file a claim should consider consulting a legal professional. A legal professional can guide those affected through the complexities of the legal system.