Who can sue for wrongful death in Texas?

By Luke Worli posted 05-20-2021 10:05 PM


A wrongful death is a particular kind of lawsuit that is filed when someone dies as the result of someone else’s negligence or intentional act. In the United States, car accidents are the most common cause of wrongful deaths. Traffic participants lose their lives because of distracted, aggressive, drunk, and even impaired drivers. Medical malpractice is another major cause of fatal wounds. At times, healthcare providers are negligent and the patient is harmed. 

State laws can affect how a wrongful death claim is filed. To be more precise, the lawsuit can be pursued by a representative on behalf of the eligible survivors. The eligibility of family members and what damages they might recover differs from state to state. If you’ve recently lost someone close to you, don’t let their death pass without justice. Pursue legal action and make sure that this doesn’t happen to anyone else. The aim isn’t to collect monetary compensation, but to punish the defendant whose conduct has proven to be grossly negligent or intentional. 

In Texas, not just anyone can file a wrongful death lawsuit

The experts at Baumgartner Law Firm inform us that a wrongful death lawsuit may be filed only by immediate family members. The immediate family consists of the surviving spouse, children, and the parents of the person who has passed away. It’s possible to sue for wrongful death even if criminal charges have been filed against the defendant. The survivors have to prove liability in the same way the deceased would have if they had survived the unfortunate event. Wrongful death is one of the most difficult elements to prove. It’s necessary to show that the defendant owed a duty of care, they breached that duty, and your loved one consequently died. 

Texas law doesn’t allow surviving siblings to file a wrongful death claim, regardless of whether they’re claiming the loss of a biological or adopted brother/sister. The help of an attorney can turn out to be invaluable to the surviving family members. It’s recommended to seek professional help if you have your mind set on pursuing legal action. You don’t possess the knowledge or experience that a lawyer does, meaning that you’ll waste precious time trying to figure out things on your own. An attorney will help you get a good understanding of Texas laws and ensure you receive maximum compensation. Keep in mind that there’s a time limit on bringing a lawsuit. 

What damages can be collected in a Texas wrongful death lawsuit? 

The surviving spouse, child, or parents are entitled to receive two types of damages. The first category allows the immediate family members to recover damages that the deceased might have owned. Examples include but aren’t limited to medical expenses, lost wages, and the pain and suffering of the deceased. The second category pertains to the losses that the survivors incurred. These might be lost earning capacity, mental and emotional pain, and lost inheritance. In some cases, punitive damages might be awarded. As the name clearly suggests, punitive damages are damages assessed to punish the wrongdoer. They are awarded only if the defendant has caused grave injury or harm.