Suffering the loss of someone you love in an accident that should have been prevented is incredibly traumatic and difficult to cope with. A wrongful death claim in Laredo allows grieving loved ones the opportunity to seek justice, answers, closure, and financial compensation. Whether or not you have the right to file a wrongful death lawsuit in Texas depends on your relationship to the deceased person.
What Is Wrongful Death?
First, you must understand the definition of wrongful death. Texas’s Wrongful Death Act, Civil Practice and Remedies Code Chapter 71, states that a wrongful death cause of action can be brought “from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”
Under this law, one can file a claim in pursuit of financial damages after the death of an individual if the fatal injury or illness was caused by someone else’s failure to act with reasonable care. Examples include a fatal car crash, a fall, a workplace accident, or the death of a loved one due to criminal acts of violence.
Who Has the Right to File a Wrongful Death Claim Under Texas Law?
If you believe the circumstances surrounding the death of a loved one deserve legal action under Texas’s wrongful death statute, the next step is determining who has the right to file this type of Laredo personal injury claim.
Section 71.004 of the law limits the right to file a wrongful death lawsuit exclusively to the following parties:
- A surviving spouse of the deceased person (decedent). Even if the couple was separated at the time of the fatal accident, the decedent’s spouse can file a lawsuit for wrongful death.
- A surviving child or children. Any offspring of the deceased person can file a wrongful death lawsuit in Texas, as well as any child whom the decedent formally adopted.
- Parents of the decedent. The parents, adoptive parents, or legal guardians of a deceased child have the right to file a wrongful death claim in Texas.
One or more of these parties can file a lawsuit for the benefit of all. If none of these parties files within three months of the death, the executor or administrator of the decedent’s estate has the right to bring the action, unless requested not to by these individuals.
Which Beneficiaries Can Receive Compensation for Wrongful Death in Texas?
Regardless of who files the claim, the individuals who may qualify for a wrongful death settlement or judgment award are determined by Texas’s laws of intestate succession. State law recognizes only a surviving spouse, children, and parents of the deceased as beneficiaries. Grandparents, siblings, and other relatives are not eligible for shares.
Suppose a wrongful death case is settled before trial (the most common outcome). In that case, the eligible beneficiaries and their wrongful death attorneys, if applicable, can decide how to divide the proceeds fairly as part of the settlement agreement. If the beneficiaries cannot agree, the issue may go to the courts to determine fair distribution.
If a wrongful death case goes to court, the judge or jury will have discretion regarding how to allocate proceeds. For the most part, surviving spouses, minor children, and parents of the decedent tend to receive the largest percentage. Calculating and distributing proceeds from a successful wrongful death claim in Texas may require financial or economic experts.