Can anyone file a wrongful death lawsuit? Or are there only specific people that may do so?

Typically, the people who may file a wrongful death lawsuit are a surviving spouse, child and/or parent. However, every state has its own applicable rules as to who may file. If you are thinking about filing a wrongful death lawsuit in Texas, make sure to consult with an experienced wrongful death attorney to find out how such a lawsuit is handled. It is filed as a civil lawsuit under the auspices of Texas Civil Practices & Remedies Code, section 71.001, which allows an action for wrongful death if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another.

In Texas, it is usually the surviving spouse, children, adult children and parents of the deceased that may file a wrongful death lawsuit. They may do so singly or as a group. If none of these individuals file within three months of the date of death, a personal representative/executor may file a claim, unless a surviving family member asks that no suit be filed.

Other Wrongful Death Frequently Asked Questions

• Am I able to recover medical expenses in my wrongful death lawsuit?
• Are a wrongful death claim and a survival claim the same thing?
• Are all costs associated with a wrongful death lawsuit award/settlement flexible?
• Are there certain types of compensation I may claim in a wrongful death lawsuit?
• Are there different factors at play that may impact how much I could be awarded in a wrongful death case?
• Can a wrongful death action be filed for an unborn baby?
• Can anyone file a wrongful death lawsuit? Or are there only specific people that may do so?
  • If I file a wrongful claim in the death of my husband, what does an attorney need to prove on my behalf to allow me to get compensation?
  • My sister was recently killed in an accident at her workplace that was caused by her employer not providing her with the proper safety training or equipment. Can I file a wrongful death lawsuit?
• Can punitive damages be awarded in wrongful death lawsuits?
• Do I need to hire an attorney to handle a wrongful death lawsuit?
• Does a settlement in a wrongful death lawsuit have to be shared with all relatives?
• Does a wrongful death lawsuit have to be filed immediately after a death? Or is there a window of time allowed?
• Does every state have identical laws regarding filing a wrongful death claim?
• Does it matter how old the deceased is when a wrongful death action is filed?
• How are damages determined in a wrongful death lawsuit?
• How does Texas law define parents when it comes to filing a wrongful death claim/survival claim?
• How is economic loss calculated in a wrongful death lawsuit?
• How is non-economic loss calculated in a wrongful death lawsuit?
• How much time do I have to file a wrongful death claim in Texas?
• I am filing a wrongful death lawsuit and I am wondering if there is a cap on how much I am able to receive in damages/settlement in Texas?
• I am not legally married but lived with my deceased partner for over 15 years. My spouse was killed in a big rig accident. Can I file a wrongful death claim?
• I have been advised to file a wrongful death lawsuit as a result of my husband being killed at work by a colleague. What compensation may I be eligible for in Texas?
• If every state has a wrongful death statute, are they all the same?
• If I do file a wrongful death claim in Texas, what do I need to prove to possibly get compensation?
• If I file a wrongful death lawsuit in Texas, what compensation is available to me?
• If I file a wrongful death lawsuit, what do I have to prove to be eligible for compensation?
• If I file a wrongful death lawsuit, what do I need to prove for a successful claim?
• If someone I know dies, do I file a civil or a criminal lawsuit?
• Is a survival claim and a wrongful death claim the same thing?
• Is a Texas wrongful death claim different from a wrongful death claim filed in New Mexico or another state?
• Is there a limit to the number of individuals who may file a wrongful death lawsuit?
• Is there a statute of limitations for filing a wrongful death claim in Texas?
• Is there a statute of limitations for filing a wrongful death claim?
  • How long do I have before I must file a wrongful death lawsuit or lose my right to do so?
• My brother was killed in an accident where the other driver was texting. I want to file a wrongful death lawsuit. Can I do that in Texas?
• My husband died as a result of medical negligence. Does Texas have a cap on damages in wrongful death lawsuits as a result of medical malpractice?
• My husband was killed at work by a falling piece of iron. Is this a wrongful death case?
• My sister was killed in a car accident caused by a drunk driver. Can I file a wrongful death lawsuit?
• My son was killed in an accident involving a drunk driver. He never had a job. If I file a wrongful death lawsuit, will it be thrown out because he never held a job?
• My wife died in a drunk driver car accident. Should I file a criminal or civil lawsuit? What’s the difference?
• My wife used to have a job, but she decided to stay home and raise the children. Can I file a wrongful death action if she did not have a job at the time of her death?
• My wife was killed in a car accident. I am a surviving family member. Am I able to file a wrongful death claim?
• Our son died before we were able to bring a personal injury lawsuit after a truck accident. Does that mean we cannot file a lawsuit?
• What are compensatory damages? Are they different from punitive damages?
• What are non-economic damages in relation to a wrongful death lawsuit?
• What are non-economic damages?
• What are punitive damages?
• What are survival claims?
• What are the common causes of a wrongful death?
• What difference does it make to a possible wrongful death lawsuit if there is more than one named defendant?
• What happens if someone dies before they have a chance to file a personal injury lawsuit?
• What happens to my award if there is more than one named defendant in my wrongful death lawsuit?
• What happens when there are multiple plaintiffs filing a wrongful death lawsuit?
• What is a survival claim?
  • Are survival claims the same thing as a wrongful death claim?
  • Is a survival claim different than a wrongful death claim?
• What is the concept behind a wrongful death lawsuit?
  • Can a wrongful death lawsuit be filed in Texas?
• What is the definition of a spouse under Texas law for the purposes of a wrongful death claim?
• What law do the courts in Texas follow in establishing a wrongful death claim?
• What types of damages are awarded in a wrongful death lawsuit?
  • What types of damages are paid out in a successful wrongful death lawsuit?
• When someone files a wrongful death claim in Texas, what compensation may they receive?
• Who can sue for compensation in a wrongful death case?