When your loved one has died because of the carelessness or negligence of another person, no amount of money will fully compensate you for your losses. Nonetheless, certain parties have the right to seek damages after the death of a loved one. But can anyone who feels a sense of loss seek monetary damages after a wrongful death? If not, what are the criteria for eligibility to seek compensation after a fatal accident?
Under Texas law, a claim for wrongful death arises whenever a person dies as a consequence of a “wrongful act, neglect, carelessness, unskillfulness or default.” To have the legal right to bring a lawsuit for the wrongful death of another person, though, you must be what the law considers a “real party in interest.” In Texas, those individuals who qualify as real parties in interest are identified in the wrongful death statute:
- A surviving spouse, any children and the parents of the person who died all have legal standing in Texas to file a wrongful death action. They can file together or separately.
- If the spouse, children or parents do not file a wrongful death lawsuit within three months of the death of a person, the executor or representative of the decedent’s estate can file the lawsuit, unless specifically instructed by a surviving family member not to file such a claim.
- A surviving child may seek compensation for the loss of a parent, even if the child is an adult
- An adopted child has standing to sue in the event of the death of an adoptive parent, provided the adoption was legal and finalized
- Adoptive parents also have a right to compensation for the death of an adopted child
Texas does not allow siblings to recover damages after the death of a brother or sister.
Contact the Proven Car Accident Injury Lawyers at the Rafi Law Group
At our office, every new client is entitled to a free initial consultation. To arrange a meeting, contact us online or call the Rafi Law Group at 214-224-0064. Our phones are open 24 hours a day, seven days a week. Home and hospital visits can be set up by request.
We take all wrongful death claims on a contingent fee basis. You won’t incur legal fees unless we get compensation for your losses. We will also advance all expenses. Se habla Espanol.