Who Can File A Claim?

father reading a book with sonsWhen a person dies as a result of someone else’s wrongdoing or negligence, everyone in the deceased’s extended family feels a sense of devastating loss.

Though a persons unexpected death may affect many people, Texas law limits who may sue for wrongful death in court.

The personal injury lawyers at the law offices of Anderson & Cummings know how to get justice for every eligible relative of the victim of a wrongful death.

Our Texas lawyers understand that someone should be held accountable for your family’s loss, and want to support you through this difficult time.

Call today or use our online consultation form to have one of our experienced wrongful death attorneys review your claims for free.

Parents, Children, and Spouses

A wrongful death action can only be filed by a spouse, child, or parent of the deceased. Every person in this category does not have to bring his or her own lawsuit one person can bring a suit on behalf of everyone who qualifies.

If three months have passed after a persons wrongful death, the administrator of the deceased’s estate can bring also bring a lawsuit, unless the family requests the administrator not to.

Siblings, Partners, Step-Families, and Others

Unfortunately, Texas law prohibits anyone who is not a spouse, parent, or child of the deceased from filing a wrongful death claim. This includes many people who may be devastated after a wrongful death, like siblings or grandparents of the deceased.

In Texas, a spouse is the legally married partner of the deceased. Significant others were not married to the deceased, including same-sex partners, have no standing to file a wrongful death lawsuit in Texas.

If the deceased was part of a blended family which included step-parents or step-children, these individuals also cannot file a wrongful death claim. However, adopted children, or the adoptive parents of the deceased do have a right to file a wrongful death lawsuit.

What If A Spouse Gets Remarried?

Surviving spouses have the right to sue for wrongful death even if they get remarried. They may also sue for wrongful death if they were separated from the deceased at the time of his or her death. If a spouse is remarried, the defense can bring up the surviving spouses remarriage during the defense.

What Happens If A Beneficiary Dies?

If the parent, spouse, or child of the deceased dies before a wrongful death claim has been completed, that persons right to benefits dies with them. There is no right to transfer the benefits a person would have received from a wrongful death lawsuit to someone else.

Need Help? Call Anderson & Cummings – Lets Win This!

The Texas attorneys at Anderson & Cummings believe that you deserve justice for the death of your loved one. We will fight to hold responsible parties accountable for your loss, and help get you the compensation you deserve after a wrongful death.

Our results speak for themselves. Call us today to set up your free consultation today.

Alternatively, fill out our contact form to have one of our experienced Fort Worth wrongful death attorneys review your claims for free.

*These are actual dollar amounts paid to clients after the deduction of attorney fees and expenses.


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