Who is Eligible to File a Wrongful Death Claim in Texas?
Our Glen Larson Law wrongful death attorneys in Austin know how difficult it is to lose a loved one under any circumstances, but when negligence is a factor in their fatality, the emotional and financial fallout can be overwhelming.
Some of the most common causes of wrongful death in Texas can include vehicle collisions caused by intoxicated or distracted drivers, 18-wheeler accidents, dangerous premises, and workplace accidents caused by negligent and reckless behavior.
When these preventable incidents lead to the loss of life, our personal injury attorneys want to help you and your family pursue the negligent party for the financial recovery you may be entitled to for your losses.
Here is what our Texas residents need to know about filing a wrongful death claim.
Which Family Members Can File a Wrongful Death Claim in Texas?
Wrongful death claims can only be filed by certain parties in Texas and eligibility to file is based on their relationship with the deceased, including an eligible family member or an estate representative.
Eligible family members who may file a wrongful death claim in Texas include:
- The deceased’s spouse
- The deceased’s children, including adoptive children
- The deceased’s parents, including adoptive parents
If qualified family members do not make a request for a claim not to be filed, or do not file their own claim within three months of their loved one’s death, the right to file a claim goes to a representative of the deceased person’s estate.
Who is Considered the Representative of an Estate in Texas?
Estate representatives can file a wrongful death claim on the behalf of the deceased person’s family members or take over the claim if the family chooses not to pursue one.
A representative of an estate in Texas may include:
- A family member of the deceased person
- An attorney or another legal representative
The wrongful death statutes in Texas are restrictive and prohibit siblings from filing claims when they lose a sibling, and bar non-relatives from filing claims unless he or she is the legal representative responsible for the claim.
If you believe you are eligible to file a wrongful death claim in Texas, you have two years from the date of your loved one’s death to pursue a claim. Our skilled personal injury attorneys can help provide the direction you need to make informed decisions about your legal options.
Our legal team pursues dedicated, driven results for our clients. There is never a charge to talk to an attorney. We stand ready to help you. Call (512) 883-0277 today.
Contact Our Skilled Wrongful Death Attorneys in Austin at Glen Larson Law Today
If you have suffered a personal injury caused by negligence in Texas, call our skilled Austin personal injury attorneys at Glen Larson Law at (512) 883-0277 or contact us online today to schedule a free consultation with our bilingual staff who is available 24 hours a day, seven days a week to ensure your legal rights are protected.