Losing a loved one due to someone else’s negligence or misconduct is devastating and unfair. When this happens, Texas law allows certain family members to seek justice through a wrongful death lawsuit. However, not everyone is eligible to file, and understanding the legal process can be overwhelming during such a difficult time, which is why help from a San Antonio personal injury attorney is so helpful. While a lawsuit won’t heal you from the sadness of your loss, it can certainly help relieve the financial burden of the loss. 

Who is Eligible to File a Wrongful Death Lawsuit in Texas?

Texas law (Texas Civil Practice and Remedies Code § 71.004) specifies that only certain individuals can file a wrongful death lawsuit. These include:

The Spouse of the Deceased

A surviving spouse has the first right to file a wrongful death lawsuit. This applies to both legally married spouses and, in some cases, common-law spouses if they can prove the validity of their relationship under Texas law.

The Children of the Deceased

Biological and legally adopted children of the deceased can file a wrongful death claim. However, stepchildren and foster children who were not legally adopted do not have this right.

The Parents of the Deceased

Both biological and legally adoptive parents can bring a wrongful death claim for the loss of their child. However, in Texas, a wrongful death lawsuit cannot be filed by siblings, whether they are biological, half-siblings, or adopted.

The Executor or Representative of the Estate

If none of the eligible family members file a claim within three months of the death, the personal representative (executor) of the deceased’s estate can file a wrongful death lawsuit. However, this can only happen if the eligible family members do not specifically object to it.

Who Cannot File a Wrongful Death Claim in Texas?

While immediate family members have the right to file, there are restrictions. The following individuals cannot file a wrongful death lawsuit in Texas:

  • Siblings (both full and half-siblings)
  • Unmarried partners (unless they qualify as common-law spouses)
  • Friends or other extended family members
  • Stepchildren who were not legally adopted

What Damages Can Be Recovered in a Wrongful Death Case?

If you successfully file a wrongful death claim, you may be entitled to various types of damages, including:

  • Medical Expenses: Costs related to the deceased’s medical treatment before their passing.
  • Funeral and Burial Costs: Expenses incurred for the funeral and burial services.
  • Loss of Financial Support: Compensation for lost income and financial contributions the deceased would have provided.
  • Loss of Companionship: Damages awarded for the emotional pain and loss of a spouse, parent, or child.
  • Mental Anguish: Compensation for the emotional suffering caused by the loss of a loved one.
  • Punitive Damages: In cases where the death resulted from gross negligence or intentional misconduct, additional damages may be awarded to punish the responsible party.

How Long Do You Have to File a Wrongful Death Lawsuit in Texas?

Texas has a statute of limitations that requires wrongful death claims to be filed within two years of the date of death. If the claim is not filed within this period, it may be dismissed, and the family may lose the opportunity to seek compensation. However, certain exceptions can extend the deadline, such as cases involving minors or fraud.

Why Legal Guidance is Important

Wrongful death claims can be legally complex, and navigating the process while grieving can be overwhelming. A wrongful death lawyer can provide essential guidance, ensuring all necessary steps are taken and deadlines are met. Additionally, an attorney can help gather evidence, negotiate with insurance companies, and build a strong compensation case.