Only certain family members have the right to bring a claim in Texas. Spouses are always allowed to bring a wrongful death claim, even if they were separated at the time of the death and even if the spouse has remarried since the death took place. Common law spouses are included here. Any biological child of the deceased is also eligible, as well as a child who has been formally adopted. Biological parents may also bring a wrongful death claim, as can adoptive parents if the adoption is legal.
It’s important to know that other relatives are not eligible. Ineligible relatives include siblings, grandparents, boyfriends and girlfriends, stepparents and stepchildren (unless the stepchildren were formally adopted), and the biological parents of an adopted child. Likewise, an adopted child cannot bring a wrongful death action for a biological parent. Foster parents are also barred, as are any other relatives.
The only other entity that could possibly bring a lawsuit would be the representative of the deceased estate, but this is only possible if none of the family is willing to bring a wrongful death action and no one in the family objects to the estate representative bringing such an action.
Damages a Wrongful Death Lawyer Can Help You Claim
Your wrongful death action can make a claim for economic damages to cover the financial contributions you would’ve expected from the deceased had they not been killed. You can also claim for lost wages and benefits between the time that a person was injured and the point at which they died, if there was a delay.
You may also be able to claim for future losses, funeral expenses, and the medical expenses incurred by the deceased, if there were any, prior to death. You can also bring a claim for non-economic damages like loss of companionship, pain and suffering, loss of consortium, and more.
How Damages Are Distributed
In a wrongful death case, damages are a portioned out among the various family members who are eligible to bring a suit based on the degree of their injury. For example, the spouse of a deceased person is more likely to be given a larger proportion of the damages than the parents, unless the parents were completely dependent upon their child. Check out this site to speak with the lawyer who can tell you more details specific to your case.
A wrongful death claim is difficult to bring and even difficult to contemplate. But if you’ve lost a loved one due to someone else’s negligence, reach out to a lawyer to find out more about your options.
