In Texas, only the following relatives are allowed to sue for wrongful death:

  • Spouse
  • Children (biological or adopted)
  • Parents

Siblings cannot file a wrongful death claim.

Note: If there are no available parties to file suit (or if all parties choose not to), the executor or administrator of the deceased’s estate may file a wrongful death action after three months.

Who Can Benefit from a Wrongful Death Claim?

The parties above are also the only ones who can benefit from a wrongful death claim.

A settlement or jury award will distribute the award “proportionate to the injury resulting from the death.” How much each party receives will depend largely on how the death affected them.

What Can I Recover in a Wrongful Death Claim?

What you can recover in a wrongful death claim depends on your relationship to the deceased and how the death affected you.

Spouses can recover damages such as lost earning capacity or loss of services, loss of consortium or companionship, and mental anguish.

Children can receive compensation for loss of inheritance; loss of guidance, advice, and love; and emotional anguish.

Parents may be entitled to compensation for loss of love and mental anguish.

How Long Do I Have to File a Wrongful Death Claim?

In Texas, you must settle a wrongful death claim or file suit within two years of the date of the death.

If you fail to file within this period, you will likely be unable to recover the compensation you and your family deserve. However, there are exceptions that might toll (i.e., pause) the statute of limitations.

 

The team at D. Miller Law can help determine exactly how long you have to file your wrongful death claim.

 

What Is a Survival Action? Is it Different Than a Wrongful Death Claim?

 

A survival action is a personal injury claim the deceased filed while still alive. This claim can be related to the injury that caused the death or another unrelated injury. It is called a survival action because it endures after the death of the filer.

A survival action benefits the deceased’s estate rather than his beneficiaries. The state will distribute the award per the deceased party’s will.

 

Think You Cannot Afford a Lawyer? You Pay No Legal Fees Unless You Win Money

 

The death of a loved one is often the most difficult thing someone will contend with in her lifetime. However, it can be even more trying if the death was preventable and resulted from another party’s negligence.

Fortunately, you are not alone. If you believe your loved one’s death resulted from another party’s negligent or intentional actions, we will help you hold that party liable. We handle your case from start to finish, allowing you to focus on grieving with your loved ones rather than on the legalities of a civil claim.

 

And, because we work on a contingency basis, you do not need to worry about how you will pay for a lawyer.

 

Give D. Miller Law a call whenever you are ready: 713-850-8600. We are here for you.

In Texas, only the following relatives are allowed to sue for wrongful death:

  • Spouse
  • Children (biological or adopted)
  • Parents

Siblings cannot file a wrongful death claim.

Note: If there are no available parties to file suit (or if all parties choose not to), the executor or administrator of the deceased’s estate may file a wrongful death action after three months.

Who Can Benefit from a Wrongful Death Claim?

The parties above are also the only ones who can benefit from a wrongful death claim.

A settlement or jury award will distribute the award “proportionate to the injury resulting from the death.” How much each party receives will depend largely on how the death affected them.

What Can I Recover in a Wrongful Death Claim?

What you can recover in a wrongful death claim depends on your relationship to the deceased and how the death affected you.

Spouses can recover damages such as lost earning capacity or loss of services, loss of consortium or companionship, and mental anguish.

Children can receive compensation for loss of inheritance; loss of guidance, advice, and love; and emotional anguish.

Parents may be entitled to compensation for loss of love and mental anguish.

How Long Do I Have to File a Wrongful Death Claim?

In Texas, you must settle a wrongful death claim or file suit within two years of the date of the death.

If you fail to file within this period, you will likely be unable to recover the compensation you and your family deserve. However, there are exceptions that might toll (i.e., pause) the statute of limitations.

 

The team at D. Miller Law can help determine exactly how long you have to file your wrongful death claim.

 

What Is a Survival Action? Is it Different Than a Wrongful Death Claim?

 

A survival action is a personal injury claim the deceased filed while still alive. This claim can be related to the injury that caused the death or another unrelated injury. It is called a survival action because it endures after the death of the filer.

A survival action benefits the deceased’s estate rather than his beneficiaries. The state will distribute the award per the deceased party’s will.

 

Think You Cannot Afford a Lawyer? You Pay No Legal Fees Unless You Win Money

 

The death of a loved one is often the most difficult thing someone will contend with in her lifetime. However, it can be even more trying if the death was preventable and resulted from another party’s negligence.

Fortunately, you are not alone. If you believe your loved one’s death resulted from another party’s negligent or intentional actions, we will help you hold that party liable. We handle your case from start to finish, allowing you to focus on grieving with your loved ones rather than on the legalities of a civil claim.

 

And, because we work on a contingency basis, you do not need to worry about how you will pay for a lawyer.

 

Give D. Miller Law a call whenever you are ready: 713-850-8600. We are here for you.