Austin Personal Injury Blog

Who Can Bring a Wrongful Death Lawsuit in Texas?

Posted By The Stewart Law Firm, PLLC || 20-Feb-2017

According to Texas Statutes section 71.001, an action for wrongful death may be brought if the “wrongful act, neglect, unskillfulness, carelessness, or default” of one party causes the death of another party.

In Texas, the surviving spouse, children, and parents of the deceased individual may file a wrongful death claim. According to Texas’ statute of limitations, a wrongful death lawsuit must be filed within two years of the deceased person’s death.

One individual may file the claim alone, or a group of the eligible individuals may elect to file it together. However, if the surviving spouse, children, and parents do not file a wrongful death claim within three months of the date of death, the personal representative or executor of the deceased individual’s estate may file the claim instead. While adult and adopted children are allowed to file wrongful death claims over the death of a parent, the law does not allow surviving siblings to file a wrongful death claim for the loss of a brother or sister.

The following are the damages in a Texas wrongful death case that the surviving family members can recover:

  • Lost earning capacity
  • Lost care, support, services, maintenance, and counsel the deceased individual would have provided
  • Lost inheritance
  • Lost love, comfort, companionship, and society
  • Pain and suffering
  • Punitive damages

At The Stewart Law Firm, PLLC, we committed to helping surviving families pursue the justice they deserve. With decades of experience, our Austin wrongful death lawyers possess the comprehensive knowledge of Texas personal injury law to help you navigate through the intricacies of the legal system.

Contact us and request a free consultation today.

Categories: Wrongful Death
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