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Who Can File a Wrongful Death Claim in Texas?

The loss of a loved one is devastating and it is likely that the last thing on your family’s mind is filing a lawsuit. However, to ensure your family obtains the compensation they need and deserve during this difficult time, it is important to act quickly and to hold the responsible party accountable for their actions. In Texas, the statute of limitations for filing a wrongful death claim is generally two years, beginning on the date of the person’s death.

When it comes to filing a wrongful death claim, the state of Texas only allows certain family members, or statutory beneficiaries, to file a wrongful death claim on behalf of the decedent.

Defining a Statutory Beneficiary

Not all family members are eligible for filing a wrongful death claim. According to the Texas Wrongful Death Act, family members who are allowed to sue for damages when a relative is wrongfully killed include:

  • Parents of the deceased person
  • The spouse of the deceased person, including those involved in a common law marriage
  • Children of the deceased person, whether biological or adopted

Any of these statutory beneficiaries would be entitled to file a claim for compensation for their own mental anguish and suffering.

Who Cannot File a Claim?

There are, of course, some who are excluded from filing a wrongful death lawsuit. In Texas the following individuals cannot file a wrongful death lawsuit:

  • Siblings of the deceased person
  • Un-adopted stepchildren of the deceased person
  • Boyfriends or girlfriends of the deceased person
  • Grandparents of the deceased person

Essentially, the court decided that these family members are too removed to benefit from the legal standing to make this type of claim.

Experienced Wrongful Death Attorneys in Odessa

If you lost a loved one in an accident that was caused by the negligent actions of another party, you need to obtain skilled legal representation to obtain the fair and just compensation you deserve. At Dean Law Firm in Odessa, our knowledgeable wrongful death attorneys in Odessa have the experience and insight to effectively represent you and hold the responsible party accountable for their action. Backed by a proven track record of success, you can rest assured that your case will be in good hands with our legal team.

Get started on your wrongful death lawsuit today and contact our law firm at (432) 214-8125 to request a free initial case evaluation with one of our attorneys.