Who can file a wrongful death claim?

In Texas, the state allows the surviving spouse, children, or parents of the deceased to file a wrongful death claim. An individual is allowed to file a single claim, or family members may come together as a group to file a claim together. Adult children may file a wrongful death claim if they lose a parent, and the same is true for adoptive children. If a child was legally adopted, that child may file a lawsuit over the death of a parent, and the same goes for a parent who loses a legally adopted child.

Texas law does not allow surviving siblings to file wrongful death claims for the loss of a brother or a sister.

If no surviving spouse, children, or parents come forward to file a wrongful death claim within three months of the individual’s passing, a personal representative may file a claim on behalf of the estate of the deceased. A personal representative is also known as an executor and is typically the person named in the deceased’s will as the representative of the individual’s estate.