Who Can Bring a Wrongful Death Lawsuit in Texas?

A Deceased Person’s Spouse, Children and Parents Have Rights of Recovery

The state of Texas permits a deceased person’s spouse, children or parents to seek relief in a wrongful death case. Adult children can sue for the wrongful death of their parents, however siblings cannot be compensated for a wrongful death in Texas.

A legally adopted child can recover for an adopted parent’s wrongful death. And adoptive parents can recover for the careless loss of their adopted child. (An adopted child cannot recover for the loss of a biological parent.)

A Deceased Person’s Executor Can Seek Recovery for a Wrongful Death

Texas state law also provides that if the family of a wrongful death victim chooses not to file a lawsuit within three months of the victim’s death, the executor or other representative of the deceased person’s estate can also sue to recover money damages that are added to the estate.