Who Can File a Wrongful Death Claim in Texas
Texas limits the right to bring a wrongful death claim to three categories of family member. The list is set by statute, and people who were close to the person who died are frequently not on it.
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The statutory list
Section 71.004 of the Civil Practice and Remedies Code gives the wrongful death claim to the surviving spouse, the children and the parents of the person who died. Any one of them may bring it, individually or together, and the claim is brought for the benefit of all of them.
Children includes adult children and legally adopted children. Parents includes adoptive parents. The category is about legal relationship rather than closeness.
Who cannot bring the claim
Siblings cannot bring a Texas wrongful death claim, whatever their relationship with the person who died. Grandparents cannot, unless they legally adopted the person. Unmarried partners cannot, unless the relationship qualifies as an informal marriage under Texas law and that is established.
This is one of the harder conversations in this area of practice, because the people excluded are frequently the people most affected.
The three month rule
If no eligible family member files within three calendar months of the death, the executor or administrator of the estate may file, unless all the eligible family members have asked them not to. That provision exists so a claim is not lost through family inaction, and it is a deadline worth knowing about rather than discovering late.
Informal marriage
Texas recognizes informal marriage where the couple agreed to be married, lived together in Texas as spouses, and represented to others that they were married. Where that is established, the surviving partner is a surviving spouse for the purposes of the claim.
It has to be proved rather than asserted, using evidence such as joint tax filings, insurance and account records, and testimony from people who knew the couple. Where there is any prospect of it applying, evidence should be gathered early.
The estate's separate claim
Alongside the wrongful death claim, the estate has a survival claim under section 71.021 for what the person suffered between injury and death, including conscious pain and the medical expenses incurred. It belongs to the estate and passes to the heirs, so it can benefit family members who cannot bring the wrongful death claim themselves.
Summary
| Relationship | May bring the claim |
|---|---|
| Surviving spouse | Yes |
| Child, including an adult or legally adopted child | Yes |
| Parent, including an adoptive parent | Yes |
| Sibling | No |
| Grandparent | No, unless they legally adopted the person |
| Unmarried partner | Only if an informal marriage is established |
| Estate executor or administrator | Yes, if no eligible family member files within three months |
Keep reading
Cedar Park Wrongful Death Lawyer
Texas gives specific family members the right to bring a wrongful death claim, and gives the estate a separate claim of its own.
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Frequently asked questions
No. Texas limits the claim to the surviving spouse, children and parents. Siblings cannot bring it regardless of how close the relationship was.
You may still qualify if an informal marriage is established, meaning you agreed to be married, lived together in Texas as spouses and represented to others that you were married. It has to be proved with evidence such as joint filings and testimony.
No. Any one of them may bring it, and it is brought for the benefit of all. If none files within three months of the death, the estate's representative may file unless the family asks them not to.
Yes. The statute does not limit children to minors, so adult children are eligible.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
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