Who Can File a Wrongful Death Claim in Texas?
In Texas, only certain family members of the decedent are allowed to pursue a wrongful death claim or lawsuit. According to Texas’ wrongful death statute, these statutory beneficiaries include the victim’s spouse, parents, and children (biological or adopted).
While all families are structured differently, Texas takes a hard-line approach when it comes to who can file a wrongful death claim. Siblings, significant others, grandparents, grandchildren, and step-children have no standing to pursue damages under Texas law.
Family members are free to file claims individually or group together and file jointly, but it’s important to note that wrongful death cases must be brought relatively quickly in Texas. If no beneficiaries have filed a claim within 90 days of the victim’s death, only the executor of the estate will be allowed to pursue a wrongful death lawsuit.
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