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Who has the right to file a wrongful death lawsuit in Texas?

On Behalf of | Feb 3, 2025 | Wrongful Death

When someone dies unexpectedly, their tragedy can have a ripple effect on numerous other people. Car crashes and various other preventable situations can lead to tragedies that forever change circumstances for entire families.

A recent death might constitute a wrongful death if it occurred due to the neglect, default, carelessness or wrongful acts of a business or individual. The law allows for a civil lawsuit in scenarios where people can show that a business or person caused an individual’s premature death.

There are several key restrictions that apply to wrongful death lawsuits. Generally speaking, plaintiffs need to initiate legal proceedings within two years of the decedent’s passing. Typically, there can only be one wrongful death lawsuit regardless of how many people felt the impact of the tragedy. Who usually has the option to initiate a wrongful death lawsuit after someone dies in Texas?

Family members have first priority

One of the purposes of a wrongful death lawsuit is to hold a business or person responsible for the economic and non-economic impact of their mistakes, defaults or negligence. The losses people request damages for in wrongful death lawsuit cases include lost wages and the loss of the companionship that the deceased person could have provided.

Therefore, the law grants first priority to the immediate family members of the individual who died. Spouses, children and parents may have the option of pursuing a wrongful death lawsuit after someone dies. Any of those parties can file, or they can work cooperatively.

If there are no surviving immediate family members to pursue litigation, or if they fail to act in a timely manner, then the personal representative of the deceased individual’s estate can also potentially file a wrongful death lawsuit.

Successful wrongful death lawsuits can give families a sense of vindication. They create consequences for those who are to blame for a tragedy. They also help reduce the long-term financial impact of a tragic situation by helping families recover damages.

Learning the basics about Texas wrongful death lawsuits can help those who have lost a loved one evaluate their options. Families can sometimes take legal action even if the state has declined to prosecute the other party for the tragedy.