Losing a loved one is an incredibly painful experience, and it can be even more painful if their death could have been avoided. Wrongful death claims can help a family recover damages after the loss of their loved one, including the support of their income. Texas has several laws about wrongful death lawsuits, including who is able to file one.
In Texas, the family of the deceased has two years from the date of the death to file a claim. Which family member may file the lawsuit depends on his or her relationship to the deceased. Texas recognizes the right of the parents, children, and spouse of the decreased to file a claim. If the children of the deceased are over the age of 18, they are still able to seek compensation. Grandparents and siblings of the deceased are not eligible to file a wrongful death suit in Texas.
Should none of the eligible family members file a claim within 3 months of the deceased’s passing, the executor of the deceased individual’s estate may file the claim. The estate will be unable to do so, however, if one of the eligible family members blocks the claim.
If compensation is rewarded in a wrongful death claim, it is typically up to the judge to divide damages between the family members. In Texas, it is common for all eligible family members to receive compensation, not only the one responsible for filing the claim. The family must demonstrate the personal and financial losses suffered by each member so the judge can assign the appropriate amount of compensation.
During this difficult and emotional time, our Dallas personal injury attorneys are prepared to help you. We understand your pain and your need for compensation in the wake of your loved one’s death. Our team will customize a strategy to ensure your family receives the legal representation that is right for you. Get help with your wrongful death claim today. Contact Mathias Raphael PLLC to schedule a free consultation.