Wrongful Death

Allow us to give you some quick insight into this complicated branch of law. In the State of Texas, these surviving family members can file a wrongful death claim: surviving spouse, children, and parents. Any of these parties can either file individually or as a group. Now, pay attention to this important caveat: if the surviving spouse, children, or parents do not file a wrongful death claim within three months of the loved one’s death, the person who represents the deceased’s estate may file. There is an instance when the estate representative could not file, which is if the surviving spouse, children, or parents specifically request that the representative does not pursue a wrongful death lawsuit.

The State of Texas has also taken adopted children into consideration. As long as the parents had legally adopted him or her, an adopted child has the same right to file as a biological child. But if another family legally adopted him or her, the adopted child cannot file a claim for a biological parent. When it comes to adopted siblings and biological siblings, the State of Texas does not allow siblings to file for the wrongful death of a brother or sister.