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Who Can File a Wrongful Death Claim in Texas?

For many clients in Dallas, injury lawyer Windle Turley offers experience, compassion and support through the emotionally grueling process of filing a wrongful death claim. Mr. Turley understands that cases involving the tragic loss of a loved one due to someone else’s negligence can often be an overwhelming experience for those left behind.

A variety of factors are examined when determining the type of damages to award in a wrongful death lawsuit. The relationship between the deceased and his or her surviving family members is among the first considerations. In Texas, wrongful death damages can be awarded to specific family members.

  • Surviving spouses, through a formal or common-law marriage, can seek compensation for emotional trauma and lost companionship resulting from the deceased’s death.
  • Surviving parents, including divorced and adoptive parents, may recover damages for their emotional trauma and the lost relationship with their child. Under the Texas Wrongful Death Act, a stepparent, foster parent or grandparent cannot bring a lawsuit for the wrongful death of a child.
  • Surviving children, including adult and legally-adopted children, may also have a claim for the lost comfort, support and benefits of their relationship with the deceased parent. Adopted children can only bring a lawsuit for their legally-adoptive parents, not their biological parents.

Texas law prohibits surviving siblings to file a wrongful death claim for the loss of a brother or sister. If the surviving spouse, parents or children fail to file a wrongful death claim within three months of the date of death, the executor of the deceased’s estate or another personal representative may file the claim, unless a surviving family member requests that a wrongful death claim not be filed.

If you have lost a family member due to someone’s negligence, please contact Dallas injury lawyer Windle Turley by calling (214) 691-4025 or by completing the form on this page to schedule a free consultation. The Turley Law Firm welcomes clients from Dallas, Texas and throughout the country.

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