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Who Can Sue for Wrongful Death in Texas?

Wrongful death claims, which usually follow criminal trials, are civil lawsuits filed by surviving family members against the party or parties responsible for the untimely death of another person. Common wrongful death claim examples include car accidents, homicides, medical malpractice, and workplace accidents. If you’ve lost a relative due to another person’s negligence, you might be wondering if you should file a wrongful death claim. In Texas, wrongful death claims can be filed by the parents, children, or surviving spouse of the deceased.

Carabin Shaw attorneys in El Paso have compiled answers to common questions about who can sue for wrongful death in Texas, so read on to find out if you could be eligible for damages from a wrongful death claim.

Can the Deceased’s Siblings or Grandparents File a Wrongful Death Claim in Texas?

While some states allow siblings or grandparents to file wrongful death claims, Texas is unfortunately not among them. Only parents, children, and spouses of the deceased are able to file these claims in Texas.

Can Family Members File their Claim Jointly?

Yes, although this is optional. Any grouping of the relatives who are eligible to file a claim can file together.

Can an Executor File on Behalf of the Estate?

Yes. If no eligible family members file a wrongful death claim within three months of the death, an executor may file a claim. However, eligible family members may block the estate from filing a claim with the help of their lawyer.

Can Adopted Children File a Claim in the Event of the Adoptive Parent’s Untimely Death?

Yes, as long as the child was legally adopted by that parent. It is important to note that adopted children may not file claims for the wrongful death of a biological parent.

What Wrongful Death Damages Can Surviving Family Members Receive?

There are many types of damages that surviving family members can collect from the defendant after their loved one’s wrongful death. These include (but are not limited to) the following:

  • Medical expenses the deceased person incurred prior to their death
  • Burial and funeral expenses for the deceased person
  • Lost wages the loved one would have earned if not for their untimely death
  • Compensatory damages for pain and suffering caused by the loved one’s absence
How Should Relatives of the Deceased Choose a Wrongful Death Attorney in El Paso?

If you’re considering a wrongful death lawsuit, you need a lawyer who specializes in personal injury law, and who has years of experience handling these types of cases (which are often complex and difficult). Here at Carabin Shaw, our El Paso wrongful death attorneys have been helping Texas families for more than 25 years.

The El Paso personal injury lawyers at our firm are compassionate, knowledgeable, and will leave no stone unturned in seeking the maximum possible compensation for you. So far, we’ve recovered more than $500 million in damages for our clients and have helped thousands of victims get their lives back on track in the wake of a tragedy.

If you want to find out what our firm can do for your case, you should know that your initial consultation is free of cost and obligation – so you have nothing to lose. Find out what we can do for your family, and find out what types of damages you may be eligible for after your loved one’s wrongful death in El Paso. Call our Carabin Shaw El Paso office today at 915-779-2301 to receive your free consultation with a knowledgeable Texas wrongful death lawyer.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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