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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

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