Who Can File a Wrongful Death Claim in Texas
Texas limits the beneficiaries to the spouse, children and parents.
Who benefits
An action is for the exclusive benefit of the surviving spouse, children and parents of the deceased, and any of them may bring it, or one or more may bring it for the benefit of all.
The executor's role
If none of them has begun the action within three calendar months after the death, the executor or administrator must bring and prosecute it unless all of them ask the executor not to.
Cause of action
A person is liable for damages arising from an injury that causes death if it was caused by the person's or agent's wrongful act, neglect, carelessness, unskillfulness or default, with extra categories for transport and utility operators.
The estate's own claim
Other relatives
The statute does not give siblings or other relatives a claim, according to a Texas malpractice firm's summary.
A local personal injury attorney can review your claim — many offer a free consultation.
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Texas's rules apply to your specific case with a licensed Texas attorney.