Who Can File a Wrongful Death Claim in Texas?

Wrongful death is one of the most terrible tragedies a family can face. A death under any circumstances is devastating, but it can be even more difficult to find closure or peace of mind when the family believes someone else’s negligence or recklessness caused the fatal accident. In Texas, civil law offers a remedy for surviving family members in these situations. A wrongful death lawsuit can hold the at-fault party accountable and lend financial stability in difficult times. Only certain parties, however, have the right to file wrongful death claims in Houston.

Texas’ Wrongful Death Statute

Texas Civil Practice and Remedies Code Section 71.001 contains the state’s wrongful death statute. This law lists the standards in practice for bringing a wrongful death claim. It defines wrongful death as one arising from someone else’s wrongful act, neglect, default, unskillfulness or carelessness. If a person’s actions or failure to act within the standard of care causes another person’s death, that individual could be civilly responsible.

Wrongful death is not a criminal charge, but a civil tort. Rather than pressing criminal charges against someone for intentionally killing another person, a wrongful death claim only seeks to place civil responsibility on the party for negligently causing the death. Negligence can refer to any action that fails to meet the standards of care for the situation. If a plaintiff can prove a defendant’s negligence caused the death in question, the plaintiff could receive monetary damages from the at-fault party.

It is important to know and follow Texas’ wrongful death statute. It provides parameters for if and when a party may file a wrongful death lawsuit and obtain damages. The average family may not fully understand the legal issues surrounding a wrongful death claim in Texas. That is why they need to work with a wrongful death attorney after the unexpected loss of a loved one. A lawyer can walk the family through all the rules surrounding these civil lawsuits in Texas, including who has the right to file.

Who May File?

According to Chapter 71 of the Civil Code, only certain parties bear the right to file civil lawsuits after a victim’s death. Texas law gives the right to recover damages through civil action exclusively to certain surviving family members of the deceased person. Only if these parties do not exist or come forward within three months will someone else have the opportunity to file.

• Surviving spouse
• Surviving adult children
• Surviving parents

Any one of these parties may bring a wrongful death action on behalf of all surviving parties. A surviving spouse, for example, can bring a claim on his or her behalf as well as for children or other dependents. If no surviving spouse, child or parent brings a wrongful death claim within three months of the date of death, an executor or administrator of the estate may file the claim instead – unless a surviving relative specifically tells the executor not to.

In Texas, a sibling cannot bring a wrongful death claim unless he or she is an executor of the estate. An executor or administrator of the estate may be a party the deceased person named in a will. Otherwise, the courts in Texas may assign an executor during the probate process. A judge will name an administrator after a person’s death according to the situation. Most administrators will be family members of the decedent.

Why File a Wrongful Death Suit?

Filing a wrongful death claim can provide healing and closure by holding an at-fault party responsible. It could shed light on dangerous practices within a company, organization, hospital or workplace, potentially preventing future such fatalities. It could also provide financial stability for a grieving family in the form of compensation for funeral and burial costs, medical debts, lost income, lost inheritance, loss of consortium and mental anguish. Filing a wrongful death suit can be a very important process for surviving loved ones.