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Who Can File a Wrongful Death Claim in Texas?

A wrongful death lawyer in Texas can help you determine if your family is eligible to file a claim after the loss of a loved one. Texas only allows close relatives to file these claims. In fact, the state only permits claims from:

  • Spouses
  • Children
  • Parents

Family members may work together to file a joint claim after an accident. You also have the option to have a single family member file a claim for the rest of the family.

Note that the regulations in Texas prevent you from filing a claim if you lost a:

  • Grandparent or grandchild
  • Aunt or uncle
  • Sibling or cousin
  • Fiancé or romantic partner

More distant family members cannot file a claim, either. What if your family member had no parents, children, or spouse? Many people wonder if they have no legal option to seek damages in this situation.

Texas handles this situation by giving the estate’s administrator or executor the chance to file a wrongful death claim if no family members step forward to do so after a period of three months. However, if your loved one’s close family members request not to file a claim, the executor cannot move forward.

Wrongful death lawyers can review your specific situation to see if you meet the legal requirements to file a claim.