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Who can file a Texas wrongful death lawsuit?

There are millions of cars on the Texas roadways, and a small portion of them wind up in crashes every day. Of those collisions, the majority result in only property damage or minor injuries. However, sometimes people get hurt badly. In fact, sometimes people die because of a collision.

When one person drives dangerously, breaks the law or is negligent in their operation of a vehicle, they can cause the death of another person. Those left behind after such a crash may find themselves wondering what rights they have after such a tragic accident. While nothing can undo the tragic damage caused by a fatal collision, it is possible for surviving family members to seek justice under Texas law.

Certain people can pursue civil action through a wrongful death lawsuit. Wrongful death statutes allow individuals to seek financial compensation from someone who causes an accident that kills someone. Determining whether you qualify to file is the first step in learning whether you should pursue a wrongful death claim.

Typically only close relatives can file a wrongful death claim

Texas law is explicit about who has the right to file a claim against the party responsible for a crash that kills someone. Wrongful death claims can only come from the surviving spouse, children or parents of the deceased. Other relatives typically will not have the right to file a wrongful death lawsuit.

However, there is an exception to that rule. Specifically, if the deceased did not have a spouse, children or surviving parents to file a claim, the executor of their estate can take action three months after the date of death. At that point, the executor can file a wrongful death claim on behalf of the estate to seek compensation from the person responsible for the fatal accident.

Wrongful death lawsuits help families recover after a loss

Losing a loved one often has a direct impact on a family's finances. There are the immediate expenses related to the crash, which are often significant. These could include medical care, towing and vehicle repair costs, and funeral costs for the internment of their loved one. Then there are secondary financial consequences, which include lost wages, and loss of support and services in the home.

All of this can add up to a substantial impact for the surviving family members. A wrongful death lawsuit helps defray some of those expenses. It also provides family members with a sense of justice or closure, as the courts formerly hold someone accountable for the loss they experienced.

Discussing your situation with an attorney who understands Texas wrongful death cases can help determine if you have sufficient cause and evidence to pursue a wrongful death case.

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    Robert Alden: 2005, 2006, 2008-2019
    Kevin Henrichson: 2017-2019
    Rising Star: 2005-08, 2013-14
    Derek Davis: Rising Star 2004

    Super Lawyers are chosen by Thomson Reuters and published in Texas Monthly Magazine

  • Don Davis:
    Personal Injury Litigation 1993-2014
    Legal Malpractice Law 2014

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    Commercial Litigation 2006-2020
    Bet-the-Company Litigation 2010-2020
    Personal Injury Litigation 2011-2020
    Lawyer of the Year – Personal Injury 2012
    Lawyer of the Year – Bet-the-Company Litigation 2019

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