Dealing with the death of a loved one is even more difficult if you know
that the person who caused the death is not being held accountable and
that you may be facing tremendous financial expenses on your own. Yet,
the thought of filing a
wrongful death lawsuit can be intimidating. The first step to approaching this process is determining
whether you are even eligible to file a wrongful death suit.
People Who Cannot Sue
The Texas Wrongful Death Statute is so complex that it is difficult to
even know who can seek action on behalf of the deceased.
Individuals who are NOT permitted to pursue wrongful death cases in Texas include:
- Close friends
- Unmarried romantic partners
read the Texas law here, but you simply need to remember that only the spouse, child, or parent
of the deceased is allowed to seek a wrongful death case.
People Who Can Sue
Of course, taking those categories at face value would be to oversimplify
them. According to Texas, you have to have been legally married to the
victim to recover damages as a spouse. Usually, separated or remarried
spouses can also seek a suit. You have to be the biological or legally
adopted child of the victim to seek damages as a child. If you are a legally
adopted child, you can only seek compensation in the death of your adopted
parent and are barred from seeking compensation for the death of a biological
parent. On the other hand, if you are the biological or adoptive parent
of the victim, you can seek damages as a spouse. Note that stepparents
and foster parents cannot seek damages.
Schedule a FREE Consultation Today
If your loved one is no longer with you because of somebody else’s
actions, you need experienced wrongful death attorneys by your side as
soon as possible.
Contact The Kyle Law Firm so we can set up a free consultation and help you win the compensation your family deserves today.