Who can File a Wrongful Death Lawsuit in Texas?

Grieving family walking through a cemetery

Losing a loved one in an accident can be incredibly difficult. The wrongful death attorneys at Shaw Cowart are here to help. Our experienced lawyers can help you understand your legal options and navigate the complex legal system, working to ensure your family is protected from predatory insurance companies while fighting to secure every penny you are due.

If you have lost a loved one in an accident, don’t hesitate to contact us immediately for a complimentary case review with one of our attorneys.

Texas Wrongful Death Limitations

Texas has stringent limitations on who can file a wrongful death lawsuit. Unlike surrounding states, where siblings, grandparents, and other family members may be entitled to seek compensation, in the state of Texas, the only people who can file a claim are:

  • Spouses
  • Parents
  • Children

A representative of the decedent’s estate may also file a suit, providing they were appointed before death.

To further complicate matters, family members only have two years to file a wrongful death claim in Texas. This may seem like an adequate amount of time, but dealing with the untimely loss of a loved one can result in several complications that require your attention, and this time can quickly elapse. To help avoid losing your window of opportunity, it is best to discuss your claim with one of our attorneys as soon as possible after a loved one has passed. We can help ensure that deadlines are not missed to preserve your rights and assist you in seeking the total compensation you are due.

Different Than a Criminal Case

Wrongful death claims differ from criminal cases, though both may be applicable in some instances. However, wrongful death claims seek justice for families through monetary compensation, not criminal punishment, and are neither impacted nor influenced by the outcomes of criminal charges.

Our attorneys focus on helping families get justice when a loved one is killed through someone else’s actions – negligent or intentional – and do not split time between personal injury and criminal defense. As a plaintiff’s law firm, our entire focus is helping victims, and we are here to listen to your case, help you understand your options, and guide you toward the best path for seeking the justice your family deserves.

Please call Shaw Cowart at 512-499-8900 to schedule a free case review today. We have offices in San Antonio and Austin. We represent families living throughout Texas.