What is the definition of a spouse under Texas law for the purposes of a wrongful death claim?

Under Texas law a spouse in a common-law marriage can file a wrongful death lawsuit. In addition, it does not matter if the couple was separated when one of them died. Also a claim is not negated if the surviving spouse remarries after the other’s death. In Texas, a spouse in a same sex marriage cannot file a wrongful death claim.

Other Wrongful Death FAQs:

Holding Wrongdoers Accountable

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