Can a wrongful death lawsuit be filed in Texas?
Yes, a wrongful death lawsuit may be filed in Texas. The ability to file a wrongful death claim in Texas has its origins in history. In the past, relatives of a deceased (usually children, spouse, parents) could not sue for any damages they sustained as a result of the death of a loved one.
Texas subsequently introduced what is referred to as the Texas Wrongful Death Act, otherwise known, as the Texas Wrongful Death Statute, laid out in its entirety in section 71.001 of the Texas Civil Practices & Remedies Code. When introduced, the statute created a new cause of action allowing named relations to file a lawsuit if the sustained damages as a result of the death of a parent, spouse or child.
A surviving spouse, child, and/or parents of a deceased individual may file a wrongful death claim in Texas either singly, or as a group. If a suit is not filed within three months of the date of a deceased’s death, an executor may file instead unless instructed not to by a family member.
The purpose of a wrongful lawsuit allows family members and the estate to recover compensation from a negligent person or entity that caused the death of their loved one.