Who Can Bring a Wrongful Death Claim in Round Rock, Texas?
In Texas, a surviving spouse, children, and parents can bring a wrongful death claim when another person’s wrongful conduct causes a death.
Wrongful death claims in Round Rock, TX give certain family members a way to seek compensation when negligence or other wrongful conduct causes a death. Texas law is specific about who can file, what losses the claim can include, and how a wrongful death claim differs from a survival claim.
Understanding those pieces can make the legal side of a devastating loss a little easier to navigate. A Round Rock wrongful death lawyer can explain the process and handle the legal work for your family.
Key Takeaways for Wrongful Death Claims in Round Rock, Texas
- Texas wrongful death claims are for the benefit of a surviving spouse, children, and parents.
- If no one files a wrongful death claim within three calendar months, the estate's representative can file unless all eligible family members ask otherwise.
- A separate survival claim belongs to the estate and covers what your relative endured before death.
- A Jury decides how to divide damages among family members.
- Texas generally gives families two years from the date of death to file a wrongful death lawsuit.
When Can a Family Bring a Wrongful Death Claim in Texas?
A Texas family can bring a wrongful death claim when another person's wrongful act or negligence causes a death. A fatal car crash caused by another driver's negligence meets that test, as does a hazard that a property owner knew about and failed to address.
Texas limits wrongful death claims to the surviving spouse, children, and parents. One or more of them can file the claim for the benefit of everyone in that group. Siblings, grandparents, and other relatives are not included, but adult children and adoptive relationships fall within the statutory categories.
If none of the eligible family members files within three calendar months after the death, the executor or administrator of the estate must bring the claim unless all of those family members ask otherwise.
What Compensation Can Families Receive in a Texas Wrongful Death Claim?
Texas allows you to seek compensation for both financial and personal losses caused by the death. Texas also permits exemplary damages in some cases involving a willful act or omission or gross negligence.
Depending on the relationship and the losses involved, that can include:
- Lost Financial Support: Income and financial contributions the person would have provided.
- Lost Household Services: The value of services the person provided at home.
- Funeral and Burial Costs: Reasonable expenses related to the death.
- Loss of Companionship and Society: The loss of the relationship and time shared with the person who died.
- Mental Anguish: The emotional suffering caused by the loss.
- Loss of Care and Guidance: For a child, the loss of a parent’s care, support, guidance, and nurture.
A jury divides wrongful death damages among the eligible family members based on each person’s loss, so relatives can receive different amounts from the same claim.
How Long Do You Have to File a Wrongful Death Claim in Texas?
Texas gives families two years from the date of death to file a wrongful death lawsuit, although exceptions can change it. The limitations period generally doesn’t run while an eligible beneficiary is younger than 18. Where a governmental unit may be responsible, separate notice requirements measured in months can apply much sooner.
A criminal prosecution arising from the same death runs separately and on a different standard of proof. A civil claim doesn’t depend on getting a conviction, and Texas law is explicit that a claim is not precluded because the death was caused by a felonious act.
FAQ for Wrongful Death Claims in Round Rock, Texas
Who Can File a Wrongful Death Lawsuit in Texas?
Only the surviving spouse, children, and parents of the person who died are wrongful death beneficiaries. One or more of them can file for the benefit of all.
If no one has filed within three calendar months of the death, the executor or administrator of the estate must bring the action unless all of those family members request otherwise.
Can Siblings Bring a Wrongful Death Claim in Texas?
Texas limits wrongful death beneficiaries to the surviving spouse, children, and parents. Siblings are excluded regardless of how close the relationship was, though a sibling serving as the estate's personal representative may be involved in a survival claim brought for the estate.
What Is the Difference Between a Wrongful Death Claim and a Survival Claim?
A Texas wrongful death claim compensates eligible family members for their own losses following the death. A survival claim continues the personal injury claim the deceased person could have brought, covering matters such as conscious pain before death and medical expenses. The two are often brought together.
Does a Criminal Case Have to Finish Before Filing a Civil Claim?
The two proceedings are independent in Texas, and a civil wrongful death claim can move forward even when a related criminal case is pending. Waiting for the criminal case to conclude can consume part of the civil filing period.
How Does a Wrongful Death Settlement Get Divided Among Family Members?
A jury decides how to divide wrongful death damages among the eligible family members based on the losses each person suffered. Different family members can therefore receive different amounts from the same action, and the damages from the wrongful death claim are not subject to the deceased person's debts.
Ready to Talk About Your Round Rock Wrongful Death Claim?
Losing someone in a preventable accident leaves your family with legal questions at a time when those questions may be the last thing you want to handle. Lorenz & Lorenz can explain who can bring the claim and what deadlines apply.
If you’re ready to discuss your claim, call Lorenz & Lorenz at (512) 477-7333 or fill out our online form to get a free case review.
This article provides general information about Texas law and is not legal advice. Outcomes depend on the specific facts of each case.