According to Tex. Civ. Prac. & Rem. Code § 71.001 to 71.003, your family can file a wrongful death claim if you lose a loved one due to another person’s:
- Failure to act
You may also have the chance to file a wrongful death claim if another person performed a wrongful act that led to the loss of your loved one. Wrongful death attorneys look into your specific situation to see if you qualify to file this claim.
However, one way you can assess the situation yourself is by considering what would have happened legally if your loved one had survived. For example, would your loved one have qualified to file a personal injury claim in this situation? If so, you may be able to move forward with a wrongful death claim.
If you have further questions about the specifics of your claim, you can reach out to a legal professional for answers.