The death of a loved one is such a huge loss. How can someone move on from such a tragedy? For some, the only way to heal is to process and grieve with time. However, it is understandable if some choose to seek justice. A wrongful death lawsuit seems like the most apt course of action here.
However, only certain individuals left behind by the deceased can pursue legal action.
Family members who can file a lawsuit
In the state of Texas, the law specifies which surviving family members have the right to initiate a wrongful death lawsuit. These include:
- The surviving spouse: The person legally married to the deceased at the time of death has the right to file a lawsuit.
- Children: This consists of both biological and legally adopted children of the deceased, regardless of their age.
- Parents: Both biological and adoptive parents can file a lawsuit in the event of their child’s death.
These family members have the right to seek justice on behalf of the deceased. On the other hand, siblings—both biological and adopted—do not have this right under Texas wrongful death law. Any attempts they make to file a lawsuit will be dismissed by the court.
Seeking justice with legal help
It is important to understand that each wrongful death case is unique, presenting its own set of challenges. For instance, before taking the matter to court, it is important to ensure the lawsuit is eligible. As stated, only eligible family members can file the lawsuit, and they must do so within the span of two years from the incident. In addition, there must be clear evidence that another’s negligence or misconduct caused the death. The case will not be valid if the evidence suggests the deceased was responsible for their own death.
A legal professional can be beneficial here. They can provide guidance and help families navigate the challenging path to justice.