Who May Retain a Wrongful Death Attorney in TX?
Under Texas Statutes section 71.001, San Antonio, TX, family members have the right to file a wrongful death claim in the event that they lose a family member due to someone’s negligence or deliberate act. All wrongful death suits must be filed within a two-year period following death by a qualified family member. Not all family members, however, are granted the same rights; there are some limitations on who can file a suit.
- Parents of decedent – The parents of the decedent may file a lawsuit, whether they are the biological or adoptive parent of the deceased. Only adoptive parents who have completed the adoption process are able to file suit.
- Children of the Decedent – Adoptive children and natural-born children may file a wrongful death case by contacting a San Antonio, TX, wrongful death lawyer. In the event a child is adopted, however, they are not entitled to file a claim when the biological parent dies. The children may be adults and file this type of claim.
- Surviving spouse – The surviving spouse of someone who has died as a result of negligence or a deliberate act will have certain rights assigned to them. A wrongful death attorney can help you through the process.
While some states do allow it, Texas does not allow siblings of a decedent to file a wrongful death suit. In the event that a party who has the right does not file suit, the estate of the decedent may file a wrongful death claim unless instructed otherwise by the surviving family members.
Understanding Wrongful Death Claims
Texas allows for compensation for a variety of damages in wrongful death suits. There is a potential for the award to include compensation for:
- Earnings - Important in the event the primary bread-winner dies.
- Loss of care - Whether it is lost counsel or support, this may be part of the overall wrongful death claim.
- Loss of companionship - It is not uncommon to find a portion of the award designated in this manner.
- Loss of Inheritance - The court may determine how much the decedent would have saved and left to surviving family members.
No amount of money will compensate for the loss of a loved one. If you are one of the approved family members of a decedent and feel you have a case, contact a wrongful death attorney for assistance.