Many people suffer when someone dies due to a negligent incident. However, not everyone can file a wrongful death lawsuit and recover damages in this special type of personal injury case.
The Texas Legislature established limits on who can bring a wrongful death lawsuit.
Texas Wrongful Death Plaintiffs
According to Texas law, the following people may be plaintiffs in a wrongful death lawsuit:
- The surviving spouse, children, or parents of the deceased. This includes adult children who lost parents due to someone else’s negligence. These relatives may bring the lawsuit together, or one or more individuals may file the lawsuit for the benefit of the surviving spouse, all of the surviving children, and both surviving parents.
- The executor or administrator of the estate. If the surviving spouse, children, or parents don't file a wrongful death lawsuit within three months of their relative’s death, then the executor or administrator of the estate shall file a wrongful death case unless requested not to by the surviving spouse, children, and parents of the deceased.
A jury in a Texas wrongful death case is tasked with dividing damages among the surviving spouse, children, and parents who are alive at the time the damage award is made. Other relatives, such as grandparents and siblings, may not recover damages in a Texas wrongful death case.
Don’t Wait to File a Wrongful Death Case
You have a limited amount of time to file a wrongful death lawsuit in Texas. Unless an exception to the statute of limitations applies, you have just two years from the date of death to file your case in court.
Accordingly, it's important to take action as soon as possible to protect your rights. Please contact one of our experienced personal injury attorneys today to schedule an initial consultation. This will help you learn more about your rights in order to make an informed decision about what to do next.