After the tragic death of a loved one caused by someone else’s negligence or wrongdoing, it’s important to know who can file a wrongful death lawsuit. Although no award or settlement could ever compensate you for your loss, taking legal action is a way to seek justice for your loved one to help protect your family’s future.
Who Can File a Wrongful Death Lawsuit?
Specific state laws determine who can file a wrongful death lawsuit. The following parties are most commonly eligible to file to pursue compensation for wrongful death in Texas.
Spouses
The surviving spouse of the deceased has the primary right to wrongful death lawsuit compensation in most states. Spouses may seek damages for expenses related to the incident that led to wrongful death, such as medical costs for the last illness or injury of the deceased and funeral or burial costs, as well as compensation for loss of financial support and companionship.
Children of the Deceased
If there is no surviving spouse, children are next in line as beneficiaries in a wrongful death case. They are entitled to seek damages for loss of support and parental guidance.
Parents of the Deceased
If the deceased had no surviving spouse or children, parents may be the family beneficiaries of wrongful death. This legal action can be undertaken when a minor or young adult dies through negligence or wrongdoing.
Other Parties Who May File a Wrongful Death Claim
State rules determine who gets money in a wrongful death claim. Depending on the situation, extended family members or estate representatives may be legally entitled to pursue a wrongful death lawsuit.
Siblings and Extended Family Members
Certain states allow siblings, grandparents, and other close relatives to file for wrongful death. These individuals may be eligible for a wrongful death settlement distribution if those parties were financially dependent on the deceased.
Personal Representatives of the Estate
The executive or personal representative of the deceased’s estate may file a claim on behalf of the estate in many cases. This option is possible in cases with no surviving immediate family members.
Domestic Partners and Life Partners
Domestic partners and long-term life partners who were financially dependent on the deceased may have a legal right to file a wrongful death claim. Texas allows domestic partners, or civil union or reciprocal beneficiaries (similar to domestic partners), to file wrongful death lawsuits. It may be necessary to provide proof of financial dependence. Some states only allow domestic partners to file wrongful death claims if they can demonstrate a long-standing relationship akin to marriage, shared household or mutual obligations, and financial dependence on the deceased.
State-by-State Variations in Eligibility
Each state has laws that govern which parties are eligible to file for wrongful death. For example, the decedent’s spouse, children, or parents are eligible under Texas law. In the absence of these family members, the personal representative of the decedent’s estate may bring a claim. In California, on the other hand, domestic partners, the issue of deceased children, and persons who would be entitled to the property of the decedent by intestate succession are eligible to file. They may share in the division of a wrongful death settlement.
Time Limits for Filing a Wrongful Death Lawsuit (Statute of Limitations) in Texas
A statute of limitations is a time limit imposed by law. If you fail to file a wrongful death lawsuit within the prescribed time frame, your claim could be forever barred. In Texas, the statute of limitations is two years from the date of the death. This time limit is established in the Texas Civil Practice and Remedies Code in Section 16.003(b). Failing to file within this timeframe can cause surviving family members to lose their right to compensation.
Typical Timeframes for Filing
States vary in the length of time allowed by law to file a claim for wrongful death. If you have lost a loved one due to negligence, engaging a wrongful death lawyer is vital, as all supporting evidence for the claim must be accessed and preserved.
Exceptions to the Statute of Limitations
In some states, the time limit may be extended if the cause of death is not known immediately. For example, if medical malpractice resulted in death, the statute may begin to run from the date when surviving family members knew or reasonably should have known what caused the death of their loved one. As another example, victims of asbestos exposure may develop terminal illnesses as a result decades after the exposure occurs. The statute of limitations typically runs from a later point in these cases.
Role of a Wrongful Death Attorney
Wrongful death claims are emotionally challenging, complex cases involving complicated medical and legal issues. Proving fault may require substantial evidence, such as medical records, accident reports, eyewitness testimony, and professional opinions. Your best chance of achieving justice for your loved one and compensation for your family is to have an experienced Houston wrongful death lawyer handling your case.
The role of a wrongful death attorney includes:
- Determining who is eligible to file
- Investigating the incident that led to your loved one’s death
- Building a strong case based on the evidence
- Ensuring your claim is filed correctly within the allotted time frame
- Negotiating skillfully with the other side on your behalf
- Advocating for your rights and interests in court, if necessary
- Helping you avoid wrongful death settlement taxes
Why Choose Us for a Texas Wrongful Death Lawsuit?
If you’ve lost someone you love through the negligence or wrongdoing of another, we can handle your wrongful death claim while you mourn and recover from your loss. DK Law was founded in 2018 by Mr. Khosravian, who is a lifetime member of the Multi-Million Dollar Advocates Forum, an elite group limited to lawyers who have won multi-million-dollar settlements and awards for their clients.
We are responsive, trustworthy, dedicated, determined, and focused on client results. Call us at (281) 402-8856 to schedule a free consultation regarding a Texas wrongful death lawsuit.