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Texas Wrongful Death Attorneys Answer: Who Can Bring a Wrongful Death Claim?

      When an individual dies due to the negligence of another person or entity, such as a corporation, the survivors may bring a wrongful death lawsuit.  This lawsuit is intended to seek compensation for the loss of the loved one, including:

  • Lost wages
  • Loss of companionship
  • Pain & suffering

      However, not all family members are eligible to bring this important action.  Texas law authorizes the following parties to bring a wrongful death suit.

Spouses, Children and Parents

      Each state sets its own requirements for eligibility to bring a wrongful death suit.  In Texas, the surviving spouse, children, and parents of the deceased are all eligible to bring a wrongful death action.  These individuals can bring the action together or separately.   

      The spouse of the deceased will need to provide evidence of marriage, which can include a ceremonial remarriage.  Common law marriage is not counted as a marriage for the purposes of this statute. 

      Additionally, in the event of the death of a plaintiff while the action is still going, the rights to the lawsuit will pass to the survivors of the deceased plaintiff.

The Estate

      If none of the eligible individuals have initiated the action within three months of the family member’s death, the executor or administrator of the estate can bring the action, unless specifically requested not to by eligible family members. 

Act Fast to Secure Your Legal Rights

      If your spouse, parent, or child has been killed due to the negligence of another, such as in an automobile accident, truck accident, motorcycle accident, slip and fall, or any other sort of accident, you will need to act quickly to protect your legal rights. 

      Through filing a wrongful death claim may be the last thing on your mind as you are in mourning and planning a funeral, you have a limited time within which to bring a wrongful death action.

      Texas law allows for two years since the death of your loved one to bring the wrongful death action.  However, if you do not pursue the action within three months, it will become the responsibility of the estate.  Further, crucial evidence as to negligence could be lost permanently if not gathered soon after the accident. 

      A licensed wrongful death attorney will quickly initiate investigations, gathering important physical evidence and interviewing witnesses.  With the assistance of your attorney, vital evidence as to the negligence of the defendant will be uncovered so that you can present the strongest possible case. 

      Wrongful death actions additionally involve complex damage calculations as so much in these actions focuses on the intangible, such as loss of companionship, love, affection, and support. 

      Your attorney will help you to define monetary values and collect evidence in support of your claim.  With prompt legal assistance, you can achieve justice for the loss of your loved one and help to mitigate the financial impact of the loss.

Zinda Law Group:  Experienced Wrongful Death Attorneys

      The loss of a loved one due to the negligence of another is unfair and tragic.  If you have lost a loved one due to the negligence of another, the Texas Wrongful Death Attorneys at Zinda Law Group can help.  We will fight to see that you obtain a full recovery from the at-fault wrongdoer and justice is achieved for your lost loved one. 

      Our wrongful death clients will often receive awards for emotional pain and suffering, loss of income, loss of inheritance, funeral and burial expenses, and exemplary damages.  Call Zinda Law Group toll free at 800-863-5312 to schedule your free consultation with one of our experienced wrongful death attorneys.