In most states, the right to file a wrongful death claim is designated to the executor or administrator of the deceased individual’s estate. However, Texas is somewhat unique in that it permits certain family members to petition for this individually or jointly. Only when a family member fails to act within the allotted timeframe may an executor or administrator step in. Without further ado, please continue reading to learn more about your eligibility to pursue this claim type, and how an experienced San Angelo, Texas wrongful death lawyer at The Mathis Law Firm can advise on whether it is best to work solo or collaborate with your other close relatives.
Which family members are eligible to pursue a wrongful death claim in Texas?
Simply put, Texas law permits surviving legal spouses, surviving biological and legally adopted children of any age, and surviving biological or adoptive parents, to pursue a wrongful death claim on a deceased individual’s behalf. This says that the statute excludes extended family members, like surviving siblings, surviving stepparents or foster parents (unless they legally adopted the deceased), or surviving unmarried partners. Of note, this stands regardless of how close a relationship these extended family members can prove to have had with the deceased.
In short, the state implements this limitation to ensure that only those most directly affected, economically and non-economically, by the individual’s wrongful death may pursue compensation. For example, it is presumed to be highly unlikely that a surviving sibling was predominantly dependent on the individual’s financial support for their housing, healthcare, educational, and daily living expenses.
Should family members pursue a wrongful death claim jointly or separately?
Now that you can confidently identify yourself and other family members as eligible parties for a wrongful death case, you may wonder how you should proceed. That is, you may contemplate working independently or filing the claim jointly. Well, the Texas civil court generally prefers a joint filing, as one lawsuit with a single outcome may simplify the legal process altogether.
However, naturally, you may discover that you do not see eye-to-eye with your other family members. For one, you may be unable to agree on how to divide the potential financial payout should you have a successful claim, developing into glaring concerns that they are not willing to act in your best interest. Or, you may believe that they are acting too slowly for your comfort, making you fearful that their inaction will cause you to miss the permitted statute of limitations (i.e., two years).
Under these circumstances, you may choose to hire a different lawyer to represent your personal interests in a separate wrongful death lawsuit. Eventually, should other claims arise after yours, the Texas probate court may take it upon themself to consolidate the claims into one. Regardless, do not let familial conflict hold you back from seeking justice for your deceased loved one.
If you are able and ready to proceed, please reach out to a skilled Tom Green County, Texas personal injury lawyer from The Mathis Law Firm. Our promise to you is that we will not give up our fight to get you every dollar of compensation to which you are entitled. So give us a phone call today.
