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Who Can Sue in a Texas Wrongful Death Case?

| Jun 13, 2012 | Uncategorized |

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
  • Grandparents
  • Siblings

You can 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.