Under Chapter 71 of the Texas Civil Practice and Remedies Code, family members may file a wrongful death claim if a loved one dies because of another person’s or company’s negligence.1
Texas law limits these claims to a surviving spouse, biological and adopted children, and biological and adoptive parents.2 Family members can file a claim on their own or join together to file one lawsuit.
Importantly, this wrongful death action is separate from the deceased’s probate estate and is controlled entirely by the statutory beneficiaries, not the estate’s executor.
While Texas law permits the estate to bring a companion survival claim for the deceased’s own pre-death pain and suffering, the wrongful death claim exclusively compensates the family for their personal losses. Wrongful death attorneys can assess your case and discuss who can bring a wrongful death claim in Texas.
Beyond economic damages, beneficiaries may recover for the loss of companionship, counsel, guidance, and emotional support the loved one would have provided. However, strict deadlines apply.
Families may seek compensation for funeral and burial costs, lost inheritance, and lost financial support. They may also seek damages for emotional pain and mental anguish caused by the loss.
Court deadlines are strict, and missing this deadline could leave you forfeiting any legal right to seek justice. Discussing your situation with a Lubbock wrongful death attorney Liggett Law Group can help you make the most of the protections and benefits granted by the Texas Wrongful Death Act.
Sources
1 https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm
2 https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.71&artSec=71.004