Texas Wrongful Death Lawsuits: Are You Eligible to File a Claim?

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Waltman & Grisham Attorneys at Law has an established record of success helping victims and families after life-altering tragedy strikes. As a firm experienced in handling complex catastrophic and fatal accident cases, we know how difficult it can be to lose a loved one unexpectedly, especially if the loss was caused by the negligence or wrongful act of another. Over the years, we’ve been able to help numerous families understand their rights when it comes to Texas’ wrongful death law, their eligibility to file claims, and the pursuit of justice and fair compensation for their losses.

Texas’ wrongful death statute (Texas Civil Practice and Remedies Code §71.001) outlines the law concerning preventable death and legal claims for compensation. Under the statute, only certain family members of a deceased individual will be eligible to file wrongful death claims. These family members include:

  • Spouses – Spouses can file a wrongful death claim is the marriage was a formal union or marriage by common law. Texas law does not currently permit wrongful death lawsuits filed by same-sex spouses.
  • Parents – Eligible parents can include adoptive parents and divorced parents, in addition to married parents. Step-parents, foster parents, and grandparents are not eligible to file wrongful death lawsuits.
  • Children – Eligible children include any biological child of a deceased parent. Legally adopted children my file claims for a deceased adoptive parent, but not for their biological parent.

Understanding your eligibility and legal options after losing a loved one is crucial to not only holding at-fault parties accountable for their neglect, but also to recovering full and fair compensation. Because time is a factor in wrongful death cases – the statute of limitations is typically two years – it’s important to begin working with experienced lawyers to learn about your rights and begin the claim process.

If you have questions following the preventable death of a family member, place your trust in our legal team. When you choose to work with us, you can be confident that your case will be in caring and capable hands. Contact us for a FREE case evaluation.