Who Can File a Texas Wrongful Death Claim and How an Attorney Can Help

November 6, 2023

Who Can File a Texas Wrongful Death Claim and How an Attorney Can Help

Dealing with the death of a loved one is never easy. When the death is caused by someone else's negligence or wrongful act, it can be even more difficult to cope with. If you have lost a loved one in Texas due to the negligence of another person, you may be able to file a wrongful death claim against the responsible party. But who can file a Texas wrongful death claim? And how can an attorney help you?


What is a wrongful death lawsuit? 


A wrongful death lawsuit is a legal claim filed against a person or entity whose negligence or misconduct caused someone else's death. The purpose of a wrongful death lawsuit is to compensate surviving family members for the loss they have suffered due to the death of their loved one. Damages in a wrongful death case can include medical expenses, funeral costs, lost income, loss of companionship, and more.


Who can file a Texas wrongful death claim?


Under Texas law, only certain individuals are allowed to file a wrongful death claim. These individuals are typically the surviving spouse, children, or parents of the deceased. However, if none of these relatives are alive or available, other relatives may be able to file a claim. It is important to note that wrongful death claims must be filed within two years of the date of the deceased person's death.


Can siblings in Texas file a wrongful death claim?


In Texas, siblings are not specifically named as individuals who can file a wrongful death claim. However, if the surviving spouse, children, or parents of the deceased are not alive or available to file a wrongful death claim, siblings may be able to file a claim. This is because Texas law allows "heirs" of the deceased person to pursue a wrongful death claim.


How can an attorney help me?


Experiencing the loss of a loved one can be overwhelming. Pursuing legal action against the responsible party can add even more stress to an already difficult situation. An attorney can help guide you through the legal process and help you understand your options. When you work with an attorney, they will be able to investigate the circumstances surrounding your loved one's death and determine the best course of action for your case. An attorney can also handle communication with insurance companies and the responsible parties, allowing you to focus on coping with your loss.


Losing a loved one in Texas due to the negligence of another person can be devastating. If you have found yourself in this situation, know that you are not alone. By filing a wrongful death claim with the help of an experienced attorney, you may be able to receive the compensation you deserve for your loss. Remember, the statute of limitations for filing a wrongful death claim in Texas is two years, so it is important to act quickly. At Law Offices of Robert Gregg, we are here to help you with your wrongful death case. Contact us today to schedule a consultation.

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