Who can file wrongful death?

Generally, Texas law specifies that the immediate family of an individual who was killed due to another’s negligent actions may be entitled to file a wrongful death lawsuit in Texas. The law allows the surviving spouse, children, or parents of the deceased to file a wrongful death claim.

The personal representative of the estate named in the will may file a wrongful death action after three months if no immediate family members of the deceased have taken legal action.

A McAllen wrongful death attorney at Herrman & Herrman can help you assess whether you are entitled under Texas civil law to bring a wrongful death lawsuit after a loved one’s accidental death.