Texas attorney explains who can sue for "wrongful death"

If a person dies in an accident, under Texas law only certain individuals are permitted to file a lawsuit for "wrongful death." Those individuals are: spouse, children and parents of the deceased. Siblings, aunts, uncles, cousins, and other family members do not have a legal claim for wrongful death.

There are some tricky issues that can arise involving who is entitled to make a claim for wrongful death.

Sometimes there is an argument as to who was the spouse of the deceased. Typically, a spouse will be the person to whom the decedent was legally married. But sometimes spouses may be "common law" married, and sometimes more than one person claims to have been married to the deceased person.

As for children, generally it is biological children who are entitled to sue for wrongful death. However, depending on the circumstances, sometimes legally adopted children may also have a right to file a death claim.

To ensure the proper parties are in a lawsuit involving another person's death, you should consult with a qualified and experienced injury law firm.