If a loved one dies because of someone else’s negligence, the grief can be overwhelming. On top of that emotional aftermath, families are often left wondering whether they have the legal right to take action. In Texas, not everyone who was close to the deceased is allowed to file a wrongful death lawsuit. The state has strict rules about who qualifies.
Learning about how wrongful death standing works in Dallas is an important first step. Read on to learn how these rules apply and what you can expect if you are considering legal action.
Who Has Standing To File a Wrongful Death Lawsuit in Dallas?
Per Texas Civil Practice and Remedies Code § 71.004, only certain close family members have the legal right to file a wrongful death claim. These individuals are known as “statutory beneficiaries.”
The law limits that group to three specific categories:
- Surviving spouse: The deceased person’s husband or wife at the time of death has full standing to file. This includes couples who qualify as common-law married under Texas law.
- Children of the deceased: Biological and legally adopted children can bring a wrongful death claim regardless of their age. This includes adult children as well as minor children represented by a parent or guardian.
- Parents of the deceased: Both biological and adoptive parents have standing to file, whether the deceased was a minor or an adult at the time of death.
Any one of these individuals can file the lawsuit on their own, or multiple eligible family members can join together and file as a group. The law allows flexibility in how the claim is structured, but only people within these three categories are permitted to bring it.
Who Does Not Have Standing to File?
Texas law is just as clear about who cannot file a wrongful death lawsuit.
No matter how close the relationship was, the following individuals do not have legal standing under the statute:
- Siblings, including brothers and sisters
- Grandparents, unless they legally adopted the deceased
- Unmarried partners or significant others who do not meet the state’s requirements for common-law marriage
- Stepparents and stepchildren, unless a legal adoption took place
- Aunts, uncles, cousins, and other extended family members
This is one of the more restrictive aspects of Texas wrongful death law. The emotional bond between the deceased and another person does not create legal standing on its own; only the relationships specifically listed in the statute qualify.
What Happens if No Eligible Family Member Files?
If no eligible beneficiary files a wrongful death lawsuit within three calendar months after the death, the deceased person’s executor or administrator, also known as a personal representative, generally must bring and prosecute the action unless all eligible beneficiaries request that one not be filed.
However, the personal representative generally cannot file the lawsuit if all eligible family members request that one not be filed. Otherwise, the representative must bring the action after the three-month period.
This rule provides another way for a wrongful death claim to move forward when eligible family members do not file promptly. Still, acting early can provide more time to investigate the death, preserve evidence, and build a strong case.
Does Being a Minor Affect the Deadline to File?
A minor child can be an eligible wrongful death beneficiary in Texas. The interaction between minority and the statute of limitations can be complicated, however, and Texas courts have addressed whether limitations may be tolled for a minor beneficiary’s individual wrongful death claim.
Families should not assume that a child’s age automatically gives everyone involved additional time to file. Other beneficiaries may face different deadlines, and the estate representative provisions can also affect how a case proceeds. Speaking with an attorney promptly can help determine which deadlines apply.
What Damages Can I Recover in a Dallas Wrongful Death Case?
If you have standing to file a wrongful death claim in Dallas, you may be able to recover both economic and non-economic damages. Together, these are intended to compensate your family for the full impact of your loved one’s death.
Economic damages cover financial losses, such as:
- Loss of the deceased’s earning capacity
- Loss of inherited wealth that the deceased would have provided
Non-economic damages address the personal toll of the loss, including:
- Mental anguish
- Loss of consortium
- Loss of guidance, care, and nurturing
- Emotional pain and suffering
Texas law also permits exemplary (punitive) damages in rare circumstances. These require “clear and convincing evidence” that the death resulted from a willful act or omission or gross negligence.
Contact the Dallas Wrongful Death Lawyers at Benton Accident & Injury Lawyers for Help Today
Texas law is strict about who has the right to file a wrongful death claim, and determining your standing is the first thing you need to sort out before moving forward. If you are the surviving family member of someone who died because of another party’s negligence, you may have a valid claim worth pursuing.
Contact Benton Accident & Injury Lawyers at (214) 556-8321 today to schedule a free consultation, at which time you can learn more about your legal rights and options.
