San Antonio Wrongful Death Attorneys

Who Can Pursue a Wrongful Death Claim in Texas?

Texas law establishes who can file a wrongful death claim after a loved one’s death. The victim’s surviving spouse, children, or parents may file a claim, either individually or as a group. A child who was legally adopted is also eligible to file a claim based on an adoptive parent’s wrongful death, and adoptive parents may file a claim based on an adoptive child’s death. Siblings and grandparents cannot file a claim.

If there is no surviving spouse, child, or parent, the personal representative of the victim’s estate has the right to initiate a wrongful death claim. The personal representative can also bring a claim if no eligible surviving family member does so within three months, though surviving family members who would be otherwise eligible to file a claim can block the personal representative from proceeding with a lawsuit. 

The personal representative is usually named in the deceased’s will. If there is no valid will or if the chosen personal representative does not take on the position’s responsibilities, the court will appoint a personal representative.

If you still have questions about who can pursue a claim on behalf of your deceased loved one, our San Antonio wrongful death attorneys can help. We can answer your questions and provide clarity on who can bring a lawsuit.

What Is the Deadline for Filing a Wrongful Death Claim in Texas?

Texas’s statute of limitations for wrongful death claims limits the amount of time that you have to bring a lawsuit after a loved one’s death. Generally, you must file the lawsuit within two years after your loved one’s death, which may not necessarily be the date they sustained fatal injuries. If you fail to file the lawsuit within this period, you will likely be unable to proceed with your claim or recover compensation.