Losing a loved one because of someone else’s carelessness or wrongdoing is one of the hardest experiences a family can face. Beyond the emotional pain, surviving family members are often left struggling with financial challenges, like funeral expenses and unpaid medical bills. Texas law allows certain individuals to file a wrongful death lawsuit to hold the responsible party accountable and recover compensation.
Learning about who can file such a claim, and how the process works, can help you protect your rights and your family’s future.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit in Texas is a civil claim that allows surviving family members to seek compensation when a person dies due to another party’s actions. Common examples include:
Unlike a criminal case, a wrongful death claim focuses on obtaining financial relief for the family members who depended on the victim. The burden of proof is also lower in a wrongful death claim, so it can still proceed regardless of whether the at-fault party is found guilty in criminal court.
Who Is Eligible To File a Wrongful Death Claim in Texas?
Per Texas Civil Practice and Remedies Code § 71.004, only certain close family members can file a wrongful death lawsuit. These include:
- The spouse of the deceased
- The children, whether biological or legally adopted
- The parents of the deceased
These eligible family members can file a claim individually or together as a group. However, if none of them bring a wrongful death claim within three months of the date of death, the executor or personal representative of the deceased’s estate may file on behalf of the family (unless the family explicitly requests otherwise).
How Long Do I Have To File a Wrongful Death Lawsuit in Texas?
The statute of limitations for wrongful death claims in Texas is generally two years from the date of death. If you fail to file your lawsuit within that time frame, you may lose your right to pursue compensation. However, exceptions may apply in limited circumstances, such as if the defendant is a government entity.
It can be complicated to determine the filing deadline in some cases, so it’s best to contact a wrongful death lawyer as soon as possible to ensure all of the applicable deadlines are met.
Contact a Texas Wrongful Death Lawyer for Help
When a family member’s death was caused by someone else’s negligence, taking legal action can feel impossible on top of everything else you’re dealing with. A compassionate wrongful death attorney can handle every step of the legal process on your behalf so that you can focus on what matters most.
Call Cal Mundell Law Firm, PLLC today at (915) 250-0700 for a free consultation to get started with your case. We’re here to help you make it through this difficult time to the best of our ability and will do everything in our power to hold the at-fault party fully liable.