San Antonio is governed by the Texas Civil Practice and Remedies Code § 71.002, and under these codes, a wrongful death claim can be filed if the death was caused by another person’s wrongful act, neglect, carelessness, or unskillfulness.
Texas law is clear about who can take legal action when a loved one’s life is lost due to another person’s negligence or wrongful act. The state follows strict guidelines and only specific individuals are eligible to file a claim through the help of a wrongful death attorney in San Antonio.
What Grounds Must Be Met for a Wrongful Death Claim?
Not every tragic loss qualifies for a wrongful death lawsuit. Texas law states that a wrongful death claim can only be filed if the death was caused by another person’s:
- Wrongful act (such as intentional violence or criminal activity)
- Negligence (such as reckless driving or medical malpractice)
- Carelessness (such as unsafe working conditions)
- Unskillfulness or default (such as a failure to follow proper procedures)
For example, if someone is killed in a car accident because another driver was texting and ran a red light, that could be grounds for a wrongful death claim.
Likewise, if a patient dies due to a surgical mistake or a misdiagnosis that could have been prevented with proper care, their family may have a case against the medical provider.
Who Can File Wrongful Death Suits?
Here are the people who are eligible to file a wrongful death claim in San Antonio:
Surviving spouse
The spouse of the deceased has the primary right to file a wrongful death claim. This applies whether they were married for decades or just a short time before the tragedy.
Even in cases where a couple was separated, the surviving spouse can still file the claim, unless legally divorced at the time of death.
Children (including adopted children)
Both biological and legally adopted children have the right to file a wrongful death claim if they lose a parent. This applies to both minor and adult children.
However, if a child was in the process of being adopted but the adoption was not finalized, they are not legally eligible to file.
Parents of the deceased
Parents who have lost a child, whether an adult or a minor, can also file a wrongful death claim. Texas law recognizes that losing a child is one of the most devastating experiences imaginable, and it allows parents to seek compensation for their loss. However, this right does not extend to siblings.
Executor or personal representative of the estate
Suppose none of the immediate family members (spouse, children, or parents) file a wrongful death claim within three months of the person’s passing. In that case, the personal representative or executor of the deceased’s estate may step in.
This person is usually named in the deceased’s will, but if there is no will, the court can appoint someone to manage the estate and file a wrongful death lawsuit on behalf of the estate and beneficiaries.
Who is Not Eligible to File?
While Texas law allows certain family members to seek justice, it does place restrictions on others. Siblings, whether biological or adopted, do not have the legal right to file a wrongful death lawsuit.
Also, extended family members like grandparents, aunts, uncles, or cousins are not eligible under Texas law, even if they were close to the deceased.
What Happens if No Family Member Files?
If none of the immediate family members file a wrongful death claim within three months, the executor or administrator of the estate has the legal right to step in. However, they cannot proceed with a lawsuit if all eligible family members explicitly request that no legal action be taken.
