Disclaimer: This content is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
Losing a loved one unexpectedly is one of the most devastating experiences anyone can go through, especially in Houston, where highways are congested. Whether it is a fatal workplace incident at the Port of Houston or a tragic car crash on I-45, these heartbreaking events leave families grappling with grief and searching for answers. When someone else’s negligence or wrongdoing causes death, the emotional toll is often compounded by legal confusion.
In such moments, receiving exceptional service from a Houston wrongful death lawyer can offer much-needed clarity, helping families pursue justice and begin the healing process. But who exactly is allowed to file an unlawful death claim? The answer can vary slightly depending on your state, but here is a general breakdown of how it works.
What Is a Wrongful Death Claim?
An unlawful death action is a civil lawsuit brought when an individual dies due to another person’s or entity’s negligent, reckless, or intentional conduct. These claims aim to hold the at-fault party financially responsible for the loss, which can include funeral expenses, lost income, emotional distress, and other related costs. Unlike criminal cases, which seek punishment, these claims focus on compensation. Wrongful death lawsuits focus on compensation for the family.
Individuals Who Can File
In Texas, the law prioritizes certain family members when filing a lawsuit. Here are the primary individuals who typically have the legal standing to do so:
1. Spouse of the Deceased
The surviving spouse is typically the first person entitled to bring a wrongful death lawsuit. This applies to both legally married spouses and, in some cases, common-law spouses provided the relationship can be proven under Texas law.
2. Children of the Deceased
Biologically and legally adopted children may also open a Negligent Death claim. Adult children can file, too, as the law does not limit this right to minors. However, it is essential to note that stepchildren or foster children typically do not qualify unless they are legally adopted.
3. Parents of the Deceased
Parents may open a lawsuit if their child, minor or adult, has died as a result of negligence. This includes both biological and adoptive parents. However, grandparents and legal guardians generally do not have this right unless they have been granted adoption of the deceased.
When Can the Estate File a Claim?
If the spouse, children, or parents of the deceased do not file a claim within three months of the death, the executor or personal representative of the estate may step in and file on behalf of the estate. This is referred to as a “survival action,” which differs slightly from a Negligent death claim but is often pursued concurrently. The estate can seek damages for things like medical bills, pain and suffering experienced by the deceased before death, and other financial losses directly related to the incident.
Multiple Claimants and Shared Awards
It is also possible for more than one family member to open a Fatal negligence lawsuit together. When that happens, any compensation awarded by the court or received through settlement is divided among them based on their level of dependency or the court’s assessment of their loss. This ensures a fair distribution of damages, taking into account both the emotional and financial impact.
Additionally, courts may evaluate each claimant’s relationship with the deceased, financial reliance, and emotional suffering when determining shares. Collaborative claims often lead to unified legal representation, simplifying proceedings and strengthening the overall case. Families are encouraged to consult with an attorney to navigate this process effectively.
Why Legal Help Matters
Filing a Fatal negligence lawsuit is not only emotionally taxing, but also legally complex. From gathering evidence to negotiating with insurance companies, the process can feel overwhelming. A skilled lawyer can offer much-needed clarity, manage all the legal aspects, and fight for the compensation your family deserves.
Conclusion
After a tragic loss, filing an Unlawful Death action might not feel like a priority, but it can be a crucial step toward healing and accountability. If you are unsure whether you have the right to file, speaking with a qualified attorney can help you understand your options. Because at the end of the day, holding the responsible party accountable is not just about justice; it is about honoring your loved one’s memory in the way they deserve.
