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?

Yes, you can file a wrongful death lawsuit if she did not have a job at the time of her death. If an individual dies as a result of the injuries sustained in a car accident, then an heir or representative of her estate may be able to file a wrongful death lawsuit.

Even if your wife never had a job, she would have contributed to the family in many other significant ways. For instance, a plaintiff can be compensated for services the deceased was providing and would have continued to provide, had she not been killed.

There are several services that you may be compensated for losing your wife, such as childrearing, housekeeping, the lost earning capacity of the decedent, loss of inheritance, loss of companionship, society, comfort, and love, and emotional pain and suffering. Funeral and burial expenses are also typically awarded and if the deceased was going to school in preparation for a career, this would also be considered as part of the award for damages.

In Texas, a deceased’s estate can also recover for the pain and suffering that the deceased experienced before ultimately passing away. These claims belong to the estate. In addition, wrongful death beneficiaries, typically spouses or children of the deceased, can make their own claims for the mental anguish they sustain.

In Texas, certain surviving family members may file a wrongful death suit individually, or as a group. That could mean:

The spouse or common-law spouse of the deceased.
Children of the deceased, including adult children, and legally adopted children.
Parents of the deceased, including adoptive parents.
An executor (for the claims of the estate)

Texas gives immediate family members the option to prevent the executor from filing a wrongful death lawsuit.

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