When people lose a member of their family, their entire world may feel changed, and not for the better. Dealing with deep personal loss is always hard, but it may feel insurmountable if your loved one passed away because of someone else’s wrongful actions. That is where our legal team can help you.
Generally, only immediate family members may file wrongful death lawsuits. However, if no surviving family members exist or they refuse to file a case, the deceased person’s personal representative may file a claim. Relatives who are more distantly related, or close yet unrelated friends, are typically ineligible to file a case. While it may be possible to recover some economic damages, plaintiffs tend to focus their claims on substantial non-economic damages related to the deep pain of losing a loved one.
For a free review of your case, call our Dallas wrongful death attorneys with The Queenan Law Firm at (817) 476-1797.
Which Family Members Can Sue for Wrongful Death in Texas?
In Texas, only certain relatives of a victim can file a wrongful death claim on a deceased loved one’s behalf. Learning whether you can bring a claim yourself or in tandem with other family members is important if you wish to get justice for your loved one.
Immediate Family Members
Tex. Civ. Prac. & Rem. Code § 71.004 says that the only family members who are allowed to sue for wrongful death are:
- parents,
- children, and
- spouses
Families can have one of the eligible family members file a wrongful claim against the person responsible for their loved one’s death. When this occurs, children, parents, and spouses may benefit even if they are not parties to the lawsuit. Alternatively, eligible plaintiffs can band together and file a claim together as a family.
Who is Unable to File a Wrongful Death Claim?
The list of eligible family members is extremely limited. Nothing in the statute requires that these family members be in touch, that they live together, or that they even like each other. Additionally, these family members do not need to be included in the deceased’s will in any form – simply having this level of familial relationship is enough to qualify them to sue for wrongful death.
Siblings are excluded from that list, as are any other relatives or friends that may be included in a recently deceased person’s will. Friends and romantic partners that are not spouses cannot sue a responsible party for a loved one’s death. If you’re unsure whether your relationship with the deceased permits you to bring a case on their behalf, reach out to a lawyer for clarification.
Limitations on Family Members Suing for Wrongful Death
Although there are no requirements beyond this family connection, failing to disclose certain information may reduce the potential award from the court. For instance, though a parent can sue for the wrongful death of a child, if the child is an adult who supported themselves financially, the parents may be entitled to very different damages than the deceased’s children.
While a deceased’s child might be entitled to continue receiving their deceased parent’s wages, the deceased’s parents may not depend on the deceased’s wages and would not be entitled to recover them.
What Damages Can I Recover in a Wrongful Death Lawsuit in Texas?
Recovering damages in a wrongful death lawsuit in Texas can be a complicated, emotional process. Our attorneys understand this, which is why we help spouses, children, and parents recover sufficient compensation and divide damages among themselves.
Economic Damages
Eligible family members with an experienced lawyer and a viable claim can recover damages in a Texas wrongful death lawsuit. If a deceased victim provided financially for their spouse, children, or parents, a settlement will likely compensate the family for current and future lost wages. Texas families are also likely to recover compensation for hospital bills and funeral costs associated with a victim’s death.
Non-Economic Damages
Generally, wrongful death lawsuits in Texas end with families recovering substantial non-economic damages. In the wake of a loved one’s unexpected death, spouses, children, or parents may become depressed, angry, and confused. They may have lost a mother, a father, a child, or a spouse. It is undoubtedly an emotional, challenging time.
Non-economic damages in Texas wrongful death claims compensate families for the loss of counsel and companionship, and the family’s pain and suffering.
Dividing Damages
Dividing damages after a settlement can be complicated. If your wrongful death claim goes to trial, a judge or jury may decide how much goes to parents, children, and spouses. Of course, this also depends on how many or few family members brought the case.
If a wrongful death lawsuit is settled out of court, the burden may be on the family to divide a settlement appropriately. This can be uncomfortable and challenging for families to achieve, especially when still reeling from a loved one’s death. Our Dallas personal injury attorneys can help you navigate any discomfort so that damages are properly divided among your family members.
When Can a Non-Family Member File a Wrongful Death Case?
Those who are not eligible to file a wrongful death claim because they are not family members may still take legal action under very specific conditions.
Personal Representatives or Executors
In the case that these close family members do not bring a lawsuit within three months, § 71.004 alternatively allows the executor of the deceased’s estate to sue. An executor is a person designated by the deceased’s will to manage their estate and distribute their money and belongings to their heirs. The personal representative or executor does not necessarily have to be a family member.
What if There is No Personal Representative?
If someone died without a will, don’t worry; the law will still appoint an executor to manage and distribute their estate according to the terms of Texas’s “intestacy statute.” A person does not have to be a family member to be appointed as the personal representative or executor. In many cases, a close friend or even the deceased person’s attorney may be appointed.
What if the Personal Representative and The Family Disagree?
Non-family members may still be at the mercy of eligible family members. If the parents, spouse, or children do not want a wrongful death suit, they may block the executor from suing. This requires a unanimous decision not to sue from all parents, all children, and the deceased’s spouse. If only some of them object, the executor may still proceed with the lawsuit despite their objections.
Under Which Circumstances Can You File a Texas Wrongful Death Lawsuit?
Knowing who can bring a wrongful death claim in Texas is important, but no more important than understanding when you can file a lawsuit.
Possible Wrongful Circumstances
According to Tex. Civ. Prac. & Rem. Code § 71.002, wrongful death claims can arise from any situation in which another person’s negligence leads to your loved one’s death. For example, medical malpractice and car accidents are common reasons for wrongful death claims in Texas.
If your loved one died because of an employer’s negligence or workplace hazard, you might be able to file a claim in Texas. Tragic accidents on poorly maintained property and defective products can lead to a loved one’s untimely death.
The Defendant’s Intent
It’s important to note that a responsible party does not need to have intended for your loved one to die for you to bring a claim. Our Arlington wrongful death attorneys will tell you that negligence is enough to file a lawsuit. Simply put, if another’s actions, whether intentional or not, lead to a victim’s death, that can warrant a lawsuit.
Some families may have difficulty learning the true circumstances of a loved one’s death. If another party is truly responsible, they may attempt to hide important details or dissuade you from bringing a claim. That is why it’s important for Texas families to consult an attorney. Our experienced lawyers can investigate the circumstances of your loved one’s death so that you can get justice on their behalf.
FAQs About Wrongful Death Claims in Texas
Can I Sue if My Loved One Passes Away Because of Someone Else’s Actions?
Yes. If your loved one passes away because of another person’s wrongful actions, you may sue that person in civil court. You may sue for the losses you and your family experienced because of the death, in addition to the personal injuries your loved one experienced before passing away?
Who May File a Wrongful Death Claim in Texas?
Typically, only immediate family members, including spouses, children, and parents, may file wrongful death claims in Texas. However, if no such family members exist, a personal representative of the deceased person’s estate may file the case.
What Damages May I Claim in a Wrongful Death Case?
You may claim various economic and non-economic damages that are a direct result of your loved one’s passing. Economic damages may include claims for lost financial support, medical expenses, and funeral costs. Non-economic damages are generally more substantial and may include the loss of consortium, companionship, guidance, and society, among others.
How Much Time Do I Have to File a Wrongful Death Lawsuit?
In Texas, the statute of limitations for wrongful death claims is two years. This time begins on the date of the victim’s passing, not necessarily the date of their initial injuries.
Can I Sue if My Loved One’s Death Was an Accident?
Yes. A wrongful death does not have to be an intentional death. Many cases stem from accidents and unintentional injuries caused by negligent defendants who did not mean to cause harm.
Who May Be Held Responsible in a Texas Wrongful Death Case?
In many cases, individual people or multiple people are held liable for wrongful deaths. However, businesses and organizations may also be held responsible, which is more common in cases involving deaths from workplace accidents.
For Legal Support, Call Our Texas Wrongful Death Attorneys Today
For a free review of your case, call our Killeen, TX wrongful death attorneys with The Queenan Law Firm at (817) 476-1797.