If someone has no living family/next of kin, can someone file a wrongful death suit on their behalf?

A wrongful death action is a lawsuit filed on behalf of someone who was killed by the wrongful conduct of another. Although a wrongful death lawsuit is typically filed by a close relative of the deceased, it is possible to file on behalf of someone who left behind no living relatives. Although every state allows plaintiffs to file wrongful death lawsuits, a Texas wrongful death lawsuit incorporates certain distinguishing features.

The vast majority of wrongful death claims assert that the conduct that caused the wrongful death was either negligent (carelessness) or intentional. A wrongful death lawsuit can be filed against a drunken driver who caused a fatal accident, for example, or against someone who committed a murder. Although a Texas wrongful death lawsuit can be filed by the surviving spouse, children and parents of the deceased, keep in mind that adopted relatives who fall into these categories can also file a wrongful death lawsuit. If the deceased left no survivor from among these relatives, the executor of the deceased’s estate may file a wrongful death lawsuit.

Texas wrongful death law was designed primarily to compensate for the losses suffered by the deceased’s close relatives. In the absence of close relatives, the deceased’s estate executor will typically claim economic losses caused by the death of the deceased such as lost earning capacity. If the conduct that caused the death of the deceased was intentional or grossly negligent, punitive damages (known as “exemplary damages” in Texas) might be available. The wrongful death award will then be deposited into the estate and distributed to the heirs of the deceased.

In a Texas survival action, as opposed to a wrongful death lawsuit, the estate executor is permitted to “stand in” for the deceased by asserting the same damage claims that the deceased would have been able to assert in a personal injury lawsuit. In a Texas survival action it is possible to claim damages for medical expenses, lost wages, funeral expenses and other economic losses caused by the defendant’s wrongful conduct. Punitive damages are also available. As with a wrongful death award, the award is deposited into the deceased’s estate for distribution to his heirs.

A wrongful death lawsuit must be filed within two years of the deceased’s date of death unless an exception applies. The limitations period for a survival action is also two years; however, since the running of the statute is “tolled” for the first year after the deceased’s date of death, in effect you have three years to file a lawsuit.

Because of the large potential size of a wrongful death damages award, the assistance of a Texas wrongful death attorney is essential to obtaining the full compensation you are entitled to. The attorneys at Gordon, Elias & Seely enjoy extensive experience in wrongful death lawsuits, as attested to by their many satisfied clients. To obtain aggressive, ethical and relentless representation, call 800.773.6770 and we will schedule you a free initial consultation.

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