Who Can File A Wrongful Death Claim?

Saturday, May 6th, 2023

The surviving spouse, children, and parents have priority and may choose to file individually or together as a group. If none of these parties have filed a claim within three months of the deceased person’s death, the personal representative or executor of the deceased may then file a claim unless a surviving family member opposes.

Adoptive parents in Texas may file a wrongful death claim in the event of the untimely death of their adopted child, as well as vice versa. However, surviving siblings are not permitted to file a wrongful death claim for the loss of a brother or sister, regardless of whether they are biological or adopted.