If your loved one died due to someone else’s negligent, reckless, or intentional conduct, you may be able to file a San Antonio wrongful death lawsuit to seek justice and compensation on their behalf. However, Texas’ wrongful death statute only allows certain individuals to file this type of legal claim, namely the decedent’s immediate family members or the estate representative. Here is more information on who can file this type of claim.
Family Members Allowed to File a Wrongful Death Case in Texas
Under Texas Civil Practice and Remedies Code Title 4, Chapter 71, a wrongful death action can be filed when someone’s or their employee’s, wrongful act, neglect, carelessness, unskillfulness, or default caused another person’s death. The law further states that the right to file a wrongful death action is “for the exclusive benefit of the surviving spouse, children, and parents of the deceased.” Here is more information about how each of these parties is defined:
- Spouse: A current spouse has the right to file a wrongful death claim, even if they are currently separated from the spouse. Texas’ wrongful death law does not acknowledge common-law spouses or people in a long-term relationship as individuals who have the right to file a wrongful death case.
- Children: Children of any age can file for damages after a parent dies in Texas. The term “children” includes adoptive and biological children. However, adoptive children cannot file a claim for recovery for their biological parents if they qualify to recover compensation from their adoptive parents. The term “children” does not include stepchildren unless the stepparent has formally adopted the child.
- Parents: Parents can file a claim for their children, including their adult children.
Any eligible family member can file a claim alone or together with other eligible family members. This claim must be filed within two years of the date of death.
When the Executor Can File a Wrongful Death Case in Texas
If the surviving family members do not file a wrongful death claim within three calendar months of the decedent’s death, the executor or administrator of the estate can file the action unless all of those allowed to file the case request them not to.
Even when the executor or administrator brings the claim, they do so for the benefit of the surviving family members.
Once the case is settled or resolved, the damages are divided among eligible beneficiaries. Damages include payment for the following:
- Lost income
- Lost earning capacity
- Lost inheritance
- Lost love and companionship
- Lost support and advice
- Emotional pain and suffering
Who the Wrongful Death Case Is Filed Against
A wrongful death action can be filed against an individual, corporation, other type of business, or governmental agency. Wrongful death defendants commonly include the following:
- Drivers
- Physicians
- Property owners
- Employers
- Business owners
Contact the Wrongful Death Attorneys from George Salinas Injury Lawyers for Legal Advice and Guidance
If you would like to know if you have valid grounds to file a wrongful death claim, contact George Salinas Injury Lawyers today for a free, no-obligation consultation.