In Texas, the parents, the children and the spouse of the deceased may file a wrongful death claim.
A child may seek compensation in relation to a parent’s death even if he or she is over the age of 18. In Texas, the deceased’s siblings and grandparents are not allowed to file a wrongful death claim.
Among the family members who are permitted to file a claim, Texas does not require a particular member to file. Any of the family members named above may file; or, if they choose, the family members may group together and file jointly.
If none of the family members mentioned above files a wrongful death claim within three months of the death, then an executor may file a claim on behalf of the estate. The exception to this rule is that any family member eligible to file a claim may block the estate from filing such a claim.
In the state of Texas, the compensation received in a wrongful death claim will usually be given out to all of the family members affected by the death. The judge or jury often decides how the compensation is divided up among them. It is up to the lawyers for the family to demonstrate the financial and personal losses suffered by each family member, so that the judge or jury can assign appropriate compensation.
Other FAQs
- Am I covered under the Jones Act?
- Can I pursue a wrongful death claim regarding my family member’s death?
- Can I receive compensation for a car accident or truck accident injury?
- Can I receive compensation for an oil rig injury?
- Can I receive compensation if I was injured by a product, such as a ladder or a power tool?
- Can I still receive compensation if I am partially responsible for my own injury?
- Do I have a personal injury case?
- Does Texas law require me to wear a motorcycle helmet?
- How much is my case worth?
- How much will it cost to hire a lawyer?
- How should I choose a lawyer?
- If I am injured while on someone else’s property, can I receive compensation?
- What are compensatory damages?
- What Are Mineral Rights?
- What can I do if someone is spreading false information about my business?
- What if I am not sure who is at fault for my injury?
- What if the person at fault for my accident is deceased?
- What is a “material” breach of contract under Texas law and why is it important?
- What Is a Wrongful Death Claim?
- What is my Houston personal injury case worth?
- What is repudiation of a contract?
- What is the Death on the High Seas Act?
- What is the difference between mediation and arbitration?
- What Is the Jones Act?
- What makes a trucking accident different from other auto accidents?
- What should I do after an accident or injury?
- What should I do if I am having trouble with a business insurance claim?
- What should I do if I feel that my insurance claim was unfairly denied?
- What should I do if I’m involved in a traffic accident?
- Who can file a wrongful death lawsuit in Louisiana?
- Who can file a wrongful death lawsuit in Texas?
- Will I have to testify in court for my personal injury case?
- Will my case have to go to trial?
