Under Texas Civil Practice and Remedies Code Chapter 71, a wrongful death claim arises when a person’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another party. In simpler terms, if your loved one would have had a valid personal injury claim had they survived, you may have a wrongful death claim after their passing.
These cases are civil lawsuits, separate from any criminal proceedings. Even if criminal charges are not filed — or do not result in a conviction — a wrongful death claim may still proceed in civil court.
Which Family Members Can File a Wrongful Death Claim in Arlington?
Texas law limits who may bring a wrongful death lawsuit. Understanding who has legal authority to act is an important first step in protecting your rights. The following individuals typically have legal standing to file a claim:
- The surviving spouse
- Children of the deceased (including adult children)
- Parents of the deceased
Siblings are not eligible to bring a claim under Texas wrongful death laws.
If multiple eligible family members exist, they may file together or separately. If no eligible family member files a claim within three months of the death, the personal representative of the estate may file the claim, unless specifically requested not to do so by the family.
When the Estate May File a Wrongful Death Claim
Under Texas law, the surviving spouse, children, or parents of the deceased generally have the first opportunity to file a wrongful death lawsuit. If none of these eligible family members files a claim within three months after the date of death, the personal representative of the deceased’s estate may file the wrongful death lawsuit.
Even when the estate files the case, it is still a wrongful death claim brought for the benefit of the surviving family members. Any recovery is intended to compensate those family members for the losses they experienced after their loved one’s death.
This situation sometimes arises when:
- Family members are uncertain about their legal rights or how to begin the process.
- Disagreements exist among surviving relatives about whether to pursue a claim.
- Probate proceedings have already begun, and a personal representative has been appointed.
- Eligible family members have not yet taken action to file a lawsuit.
The estate’s personal representative may step in to protect the family’s ability to pursue compensation under Texas law. If you are unsure who has the authority to bring a wrongful death claim or how the process works, the Arlington wrongful death lawyers at Bailey & Galyen can help explain your options.
Survival Actions in Texas
In some cases, a survival action may also be filed in addition to a wrongful death claim. These are two separate types of claims under Texas law.
A wrongful death claim focuses on the losses experienced by surviving family members after the death, such as lost financial support, loss of companionship, and mental anguish. A survival action, on the other hand, is based on the losses the deceased person suffered before their death. This type of claim is brought by the estate and may include damages such as:
- Medical expenses incurred before death
- Pain and suffering experienced by the deceased prior to death
- Other damages the person could have pursued if they had survived
Any recovery from a survival action becomes part of the deceased person’s estate and is distributed according to the will or Texas intestacy law.
Because wrongful death and survival actions involve different types of damages and legal procedures, many cases include both claims. An experienced attorney can help determine whether one or both claims may apply in your situation and guide your family through the process.
