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Who Is Allowed to File a Wrongful Death Lawsuit?

Under Texas law, only certain parties are considered eligible to file a wrongful death lawsuit. There are specific circumstances that determine exactly who may be eligible and it changes based on the situation and who the deceased individual is survived by.

You should recognize what rights you have before trying to take legal action. You may be eligible to file a wrongful death lawsuit, and if so, you should speak with a legal professional who can help you understand the process and protect your rights.

The Eligible Parties for a Wrongful Death Case

The first priority in a wrongful death lawsuit goes to the decedent’s surviving spouse, and surviving children, and the surviving parents. Each of these parties may file a lawsuit individually, or they can come together to file a joint wrongful death lawsuit.

The surviving spouse, children, and parents must take action quickly. If they refuse to file a claim within three months from the date of the death, it is up to the deceased person’s personal representative or estate executor to file the wrongful death claim. The surviving family members can request that no wrongful death claim be filed, however.

Texas law does not allow surviving siblings to file wrongful death lawsuits, regardless of whether they are adopted or biological. However, adoptive parents may take action if their adopted child is the decedent. Similarly, adoptive children can file a wrongful death claim on behalf of a lost adopted parent.

Adopted children cannot file a wrongful death claim for their biological parent.

The Law Offices of Troy A. Brookover is here to help you move forward in the most positive and effective manner possible. We’re here to guide your family throughout the process so you can focus on what matters most and not have to worry about the legal proceedings.

When you hire our San Antonio wrongful death attorney to represent your rights, you receive attentive, caring, and personalized service with a focus on your best interests. Let us be there to seek the maximum compensation you need to move forward.

Call us at (210) 321-9792 today.