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Wrongful Death

Who Can File a Wrongful Death Claim?

Posted by Trent Kelly on March 30, 2021
Who Can File a Wrongful Death Claim?

Losing a loved one due to someone else’s carelessness and negligence can be difficult to accept and deal with. Depending upon the circumstances, you might be in a position to file a wrongful death claim on behalf of your deceased loved one, seeking monetary compensation and damages.

Nothing can be more traumatizing and difficult than losing a loved one in an accident that someone else caused. Surviving family members are oftentimes lost and distressed, and they may not know where to turn next. 

If you have lost a loved one in an accident that happened because of another person’s negligence, the experienced and compassionate Austin wrongful death lawyers at TK Injury Lawyers, are here to help. Our legal team can determine if you are eligible to file a wrongful death claim on behalf of your deceased loved one. If so, we can file a claim or lawsuit pursuing monetary compensation and damages from the at-fault parties and their insurance companies. 

Even though money can never truly compensate for the devastating loss of a loved one, it can bring about a sense of justice and closure. Please give our office a call today to learn more about how we could help with pursuing a wrongful death claim on your deceased loved one’s behalf. 

Defining a Wrongful Death Claim in Texas

A person could bring a claim for wrongful death on behalf of a deceased loved one if the loved one’s death occurred because of the default, unskillfulness, carelessness, negligence, or wrongful act of someone else. However, not just any individual will be eligible to file a wrongful death claim in Texas.

Who Can File a Claim for Wrongful Death in Texas?

There are several individuals who are eligible to file a claim for wrongful death in the State of Texas. Those individuals include the following:

  • The surviving spouse of the deceased individual
  • The surviving children of the deceased individual
  • The surviving parents of the deceased individual

Any one of these individuals has the discretion to file a wrongful death claim individually or jointly. Moreover, if the deceased individual’s parents, children, or surviving spouse do not file a claim for wrongful death within the three-month period following the decedent’s death, then the executor of the decedent’s estate or personal representative could choose to file the claim instead. This is true unless a surviving family member of the decedent makes a specific request that the wrongful death claim not be filed. 

Contact a Knowledgeable Austin Wrongful Death Lawyer Today

If you are eligible to file a wrongful death claim on behalf of your deceased loved one, the skilled legal team at TK Injury Lawyers, can help guide you through each and every step of the claims-filing process. If the insurance company refuses to offer full and fair compensation, we could then assist you with filing a wrongful death lawsuit arising from your loved one’s death. 

For a free legal consultation and case evaluation with an Austin wrongful death attorney, please call today at (512) 910-2000 or contact us online for more information.

 

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