Who Can Sue for Wrongful Death in Texas?

When a loved one dies because of someone else’s negligence, you’re struggling with a lot of questions: who’s going to pay for the funeral, where’s his or her will and, ultimately, how you are going to live without your loved one in your life. You’re too busy grieving and trying keep everything together to have time to worry about who can sue for his or her death.

Unfortunately, though, Texas law makes answering the question of who can sue a little difficult. In our state, the only people who can sue for wrongful death are the deceased’s children, spouse or parents. This means that brothers and sisters, grandparents, friends and unmarried romantic partners have no legal recourse if their loved one dies because of someone else’s negligence.

This rule gets more complicated, though, in the case of common law marriages, separations, stepparents, foster parents and adopted children. In most cases, a common law spouse or the separated spouse can bring a wrongful death case. Stepparents and foster parents are not permitted to bring wrongful death suits, though parents of legally adopted children can bring a suit. A child who has been adopted is only permitted to bring a wrongful death suit for his or her adopted parents, not their biological parents.

If your loved one has died due to the legal fault of someone else, contact the McMinn Law Firm today. We can help you determine whether you’re able to receive compensation for your loss through a free, no-obligation consultation.