Who Is Eligible To File a Wrongful Death Lawsuit in Texas?

Who Is Eligible To File a Wrongful Death Lawsuit in Texas?

A loss of life from negligent behavior creates an immense tragedy for the bereaved family. Houston Texas residents can access the justice system for wrongful death lawsuits to pursue legal remedies.

Who Is Eligible To File a Wrongful Death Lawsuit in Texas?

Only certain family members possess the authority to file wrongful death claims under Texas legal statutes. According to Texas Civil Practice and Remedies Code Chapter 71, surviving family members who can file wrongful death claims in Texas include spouses, children, adopting children, and parents. Siblings and other relatives do not have permission to file wrongful death claims.

An executor or administrator of the deceased estate may file a claim after three months if eligible family members fail to file, but only when all family members explicitly choose not to proceed with a claim. A wrongful death attorney in Houston, TX, will help determine your eligibility and support you throughout this legal process.

A wrongful death lawsuit allows family members to request compensation for three types of damages:

  • The income potential of the deceased person who passed away.
  • Loss of their presence for companionship as well as their love and comfort.
  • Mental anguish and emotional suffering
  • Future savings and inheritance funds if the person had survived.

Survival Actions

An estate representative files a survival action to recover compensation for damages the deceased person would have pursued if they had remained alive. This includes:

  • Medical expenses incurred before death
  • The deceased suffered through pain as well as endured suffering.
  • Lost wages from the time of injury to death

The deceased person’s estate receives compensation from survival actions, which the court distributes according to their will or Texas intestacy laws if they did not create a will.

Steps To Filing a Wrongful Death Claim

Talk to a Houston Wrongful Death Lawyer

With their legal experience, lawyers evaluate your case’s potential before helping you understand your rights and directing you through complicated legal processes. Professional legal assistance is necessary because of the complex nature of the process.

Obtain the Death Certificate

A death certificate serves as legal proof of death while revealing the cause of death, so the claimant must obtain it. Texas residents can obtain death certificates from the county clerk’s office at the location of death or from the Texas Department of State Health Services.

Determine Whether the Victim Left a Will

Learning about the presence or absence of a will from the deceased person enables the selection of the estate administrator. The executor leads legal proceedings, which might include survival actions. When there are no existing wills, the court will choose an administrator to oversee estate management.

Investigate the Victim’s Death

Proper examination of death events must occur to prove who bears responsibility. The investigative process involves the professional collection of medical documentation alongside accident reports, witness statements, and expert professional statements. The attorney will lead the development of a solid case through this process.

Identify Eligible Survivors (Spouse, Children, and Parents)

The identification process of every eligible person who can file a wrongful death claim remains essential. The law of Texas defines who can file a wrongful death claim by limiting it to the surviving spouse, children, and parents of the deceased person. The involvement of all qualified parties in the process helps prevent conflicts between claimants.

Inventory Damages

The assessment of complete damages is essential in determining proper compensation amounts. During this phase, financial damages through lost income and benefits, together with non-economic losses that encompass emotional suffering and loss of companionship, are assessed. The assessment depends heavily on complete documentation and expert evaluation insights.

File Your Claim

Your attorney will submit the wrongful death claim to the correct Texas court after collecting all essential documentation. Texas law requires wrongful death claims to be filed within two years after the deceased passes away. An accident lawyer in Houston, TX with experience in this area will help you submit your claim on time and with precision, leading to the best possible result.

The process of pursuing a wrongful death lawsuit requires working with an experienced Houston wrongful death attorney to bring clarity during your difficult situation.

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