When a car accident, workplace tragedy, or criminal act takes the life of an innocent person, many people can be deeply affected by the loss. Friends, co-workers, and significant others may want to do something to make the responsible party pay for what he or she has done. However, only certain people are eligible to take civil action against a careless or negligent person or business in Texas. We take a look at who can file a wrongful death lawsuit in Texas.
Why File a Wrongful Death Lawsuit?
It may seem senseless to take legal action after the loss of a family member. After all, you know nothing will bring your loved one back, so why go through the pain and difficulty of a court proceeding? We understand your hesitation, but when you lose someone who was a financial provider and loving caregiver because of a negligent person’s actions, you are entitled to recover what you can and to hold that person accountable for his or her actions.
Who Can File a Wrongful Death Claim?
In Texas, as in most other states, only those with a legal connection to the deceased may file for damages. The Texas Wrongful Death Act allows for the following family members to sue for damages when a person is wrongfully killed:
- Parents of the deceased
- Children of the deceased, biological or adopted
- Spouse of the deceased
Any of these family members may file, or they may file as a group. Generally, compensation will be given to all eligible family members with the judge or jury deciding how much each party will receive. A wrongful death attorney may be hired to demonstrate the financial and personal losses suffered by his client so that appropriate compensation can be assigned. Siblings, grandparents, and significant others—no matter how longstanding the relationship was—are not eligible to file a wrongful death suit in Texas.
The Law Office of Raúl Guajardo Can Help
If you have lost a parent, child, or spouse in an accident involving negligence or wrongdoing, contact our legal team to learn how we can help. We understand that this is a difficult time and we will handle your case with the compassion and care it deserves. Connect with us through the link on this page, and we will get back to you as quickly as we can.