San Antonio Personal Injury Lawyer | Cesar Ornelas Law

Who Can Claim A Wrongful Death Suit In Texas?

Wrongful Death San Antonio, Wrongful Death San Antonio, Wrongful Death San Antonio

Who Can Claim A Wrongful Death Suit In Texas?

If a loved one has died due to negligence, you may want to pursue filing a wrongful death suit. The intricacies of filing a wrongful death suit can be overwhelming, and we know you want to be clear and informed before you start the process.  Cesar Ornelas Law Firm has all of the answers you need to feel confident during this difficult time. When you need the professional advice or guidance of a skilled wrongful death attorney, you don’t have to look far. Our team is dedicated to your case every step of the way.

What Constitutes A Wrongful Death Suit?

Wrongful death suits can originate from a number of accident types:
  • Medical malpractice
  • Auto accidents
  • Slip and fall accidents
  • Excessive use of force by law enforcement
  • Neglect in eldercare facilities
  • Defective/dangerous consumer products
There are many ways a wrongful death suit can come about, but the key is that one person’s carelessness and negligence lead to another person’s death. If this is true, you likely have a wrongful death case that can be pursued. A meeting with qualified attorneys will determine if you have a valid case. 

Who Can File A Wrongful Death Lawsuit?

Not just anyone can sue for wrongful death in Texas. In fact, very few people actually have the right to start a wrongful death claim. Any of the following people related to the deceased can file a wrongful death lawsuit individually or jointly on their own behalf or the behalf of other parties:
  • Spouse
  • Children
  • Parents
The only other person who can legally claim a wrongful death suit on the deceased’s behalf is the executor of the estate – and only if the above do not file themselves. This means that no siblings can file for their brother or sister, and no aunts, uncles, or cousins can either. This also means that domestic partners can only sue for wrongful death if they are the deceased’s spouse. Informal partners do not have the right to file in Texas.

What Damages Should Be Claimed In A Wrongful Death Suit?

The authorized parties suing for compensation can pursue damages for several things:
  • Funeral/interment expenses
  • Lost salary/wages
  • Other financial benefits
These damages are meant to make the transition for the family less financially stressful after their loss of a family member – especially when that loss was due to someone’s carelessness.

Who Can File A Survival Action In Texas?

If an injured victim does not die immediately after the accident but passes more than thirty days later, who can file for a survival action? The estate, heirs or legal representatives are allowed to sue for damages that the injured party suffered between their accident and their death. These may include medical costs, pain and suffering, and other damages.

Cesar Ornelas Is Here To Help

Whether you need legal advice or support during this hardship for your family, our team at Cesar Ornelas Law Firm is standing by. We can take this burden off your shoulders and use every bit of experience we have to fight for justice on your behalf. When you want an attorney who cares enough to fight, contact Cesar Ornelas!

Helpful Resources

Wrongful Death Attorney What’s the difference between wrongful death and medical malpractice? Cesar Ornelas Law Facebook Page Contact Our Team