Experience Matters

Who can file a wrongful death lawsuit in Texas?

On Behalf of | Jan 21, 2025 | Personal Injury

The unexpected death of a loved one can have numerous consequences. People often feel profound grief after a sudden tragedy. They may have important things they never got to communicate to their loved one or may have had a negative interaction the last time they spoke.

Grief can be particularly difficult to manage in scenarios where people do not have time to prepare before their loved one dies. Additionally, the death of a family member often comes with a number of challenging financial consequences.

Families lose the income a deceased individual previously earned. They also have to absorb numerous expenses, including the cost of a funeral. A wrongful death lawsuit is a way for families to demand accountability from the party at fault for a tragedy and to limit the lasting consequences of their loss. Who has the right to initiate a wrongful death lawsuit in Texas?

Those affected by misconduct or negligence

Not every tragedy is legally actionable. Sometimes, deaths are truly accidental, and no one is legally liable. For a wrongful death lawsuit to be an option, surviving family members need evidence that either misconduct, carelessness, lack of skill or negligence caused their loss. Misconduct involves illegal activity, such as drunk driving.

Negligence entails the failure to do what is reasonably necessary for safety or engaging in blatantly dangerous behavior. Carelessness and lack of skill allegations may arise due to questionable personal or professional conduct. Plaintiffs need to show that a preponderance of the available evidence supports the claim that a business or individual engaged in misconduct or was negligent and caused the tragedy as a result.

Those in close relationships with the deceased

Dozens of people can feel the direct impact of a sudden death. Business partners, close friends and romantic partners are among those who may experience life-altering consequences when an individual dies unexpectedly. However, only certain people have the right to initiate litigation under Texas civil statutes.

Surviving family members are often the plaintiffs who initiate wrongful death lawsuits. Only parents, surviving spouses and children generally have the right to file a wrongful death lawsuit. In scenarios where there are no immediate surviving family members or where they fail to act, the personal representative of the decedent’s estate can also theoretically initiate a wrongful death lawsuit.

Learning about wrongful death litigation and state statutes can help families seek justice after a tragedy. Successful lawsuits may result in compensation and a sense of closure for those grieving an untimely loss.