Losing a loved one is always difficult, but when the death occurs because of the negligent actions of someone else, your family is left to deal with a heartbreaking mixture of shock, grief, and anger. It may be difficult to think of taking legal action at such a difficult time, but justice demands accountability.
Under Texas law, the legal right to pursue a wrongful death action is limited to these groups:
- Spouses, children, and parents — These close family members can pursue a claim, and if they choose to do so, they must file the lawsuit within 90 days of the death.
- Executors or personal representatives — The executor or personal representative of the estate can file a wrongful death claim, but only if the close family members do not. If the family requests that a case not be pursued, the executor or representative must honor that decision.
- Adopted children — Children who are legally adopted can file a wrongful death action on behalf of their adoptive parent but they cannot pursue a lawsuit related to the death of a biological parent.
Our San Antonio lawyers understand the emotional nature of wrongful death cases and will be by your side throughout your case. Among the damages we can seek are those that compensate for lost earning capacity; lost inheritance; lost care, services, companionship and support the deceased would have provided; and pain and suffering.