Who can file a wrongful death claim in Texas?
Under the Texas Wrongful Death Act, the surviving spouse, children and parents of the deceased are the statutory beneficiaries who may bring a wrongful death action. They may bring the action individually or together. If none of those beneficiaries files the action within three calendar months after the death, the personal representative of the deceased person’s estate generally must bring it unless all surviving statutory beneficiaries request that no action be filed.
Who Are the Texas Wrongful Death Beneficiaries?
Texas Civil Practice and Remedies Code Chapter 71 identifies the statutory beneficiaries of a wrongful death action.
They are the deceased person’s:
- Surviving spouse
- Children
- Parents
The statute allows these beneficiaries to bring the action for their own benefit.
Can Adult Children Bring a Wrongful Death Claim?
Texas wrongful death law refers to the surviving children of the deceased. The statute does not limit the class to minor children.
The circumstances of the family relationship and the damages claimed still require appropriate evidence.
Can Parents Bring a Claim for the Death of an Adult Child?
Parents are included among the statutory beneficiaries identified by the Texas Wrongful Death Act.
The particular damages available depend on the evidence and applicable law.
Can Siblings File a Texas Wrongful Death Claim?
Siblings are not included in the statutory list of wrongful death beneficiaries merely because they are brothers or sisters of the deceased.
The statutory beneficiaries are the surviving spouse, children and parents.
What Happens If the Family Does Not File Within Three Months?
Texas law provides an important procedural rule. If none of the statutory beneficiaries has begun a wrongful death action within three calendar months after the death, the executor or administrator of the deceased person’s estate generally must bring and prosecute the action unless all surviving statutory beneficiaries request that it not be brought.
This three-month provision should not be confused with the separate statute-of-limitations analysis governing how long a wrongful death lawsuit may be filed.
What If Several Family Members Have Claims?
The surviving spouse, children and parents may bring a wrongful death action for the benefit of all statutory beneficiaries.
Different beneficiaries may allege different losses based on their individual relationships with the deceased.
Wrongful Death Versus a Survival Claim
A wrongful death claim and a survival claim are related but distinct.
A wrongful death action addresses certain losses suffered by the statutory beneficiaries because of the death.
A survival action concerns a cause of action the deceased person could have pursued had the person survived. That claim can survive in favor of the heirs, legal representatives and estate under Texas law.
What Types of Accidents Can Lead to Wrongful Death Claims?
A wrongful death action may arise when a death is caused by another person’s or entity’s legally actionable conduct. Depending on the facts, cases can involve motor-vehicle crashes, commercial truck collisions, dangerous property conditions and other incidents.
For local information, see the firm’s Dallas wrongful death page and Fort Worth wrongful death page.
Evidence Can Disappear After a Fatal Accident
Fatal accident investigations can involve vehicles, electronic data, surveillance footage, witness information, company records and other evidence that may change or disappear.
Prompt preservation can therefore be important even while a family is still dealing with the immediate consequences of the loss.
Frequently Asked Questions
Can a surviving spouse file a Texas wrongful death claim?
Yes. A surviving spouse is one of the statutory beneficiaries identified by the Texas Wrongful Death Act.
Can children file a wrongful death claim for a parent?
Children are included among the statutory beneficiaries under Texas wrongful death law.
Can parents file a claim after the death of a child?
Parents are included among the statutory beneficiaries identified by the statute.
Can a sibling file solely because they are the deceased person’s sibling?
Siblings are not included in the statutory list of beneficiaries merely by virtue of the sibling relationship.
Questions After a Fatal Texas Accident?
The Piri Law Firm can evaluate potential wrongful death and survival claims, identify the proper parties and investigate the evidence surrounding a fatal accident.
This article provides general information and is not legal advice. Wrongful death, estate and survival issues depend on the family relationships, facts, procedural posture and applicable Texas law.
