Who is able to file a wrongful death claim in Texas?
In Texas, under the wrongful death statute, the surviving spouse, the parents, and the children of a deceased person are able to file a wrongful death claim. They have to do so within a certain amount of time or there could be legal implications. That time frame is three months after the death occurs. You also have something in Texas called the survival statute. That is different than the wrongful death statute. Different people are entitled to sue under that, and different types of recovery are available. It’s important to understand the difference between the two, but people who can sue under the wrongful death act are generally the surviving spouse, the children, and the parents of the deceased person.