Texas Wrongful Death and Survival Claims

exas law provides for family members to assert a Wrongful Death claim when a third party is responsible for the death of a loved one. Persons entitled to maintain a wrongful death claim are limited to children, spouses and parents. Any one of the statutorily defined wrongful death claimants may bring a wrongful death claim. However, the claim is indivisible and may only be pursued if all potential family members who can bring a claim are joined to the suit or waive their right to maintain such suit in writing.

In the event that wrongful death claim has not been filed within 90 days from the date of death, a suit may be brought by an administrator or personal representative on behalf of all potential wrongful death claimants. Damages that are recoverable in a wrongful death claim include economic damages, funeral expense and loss of society, love, companionship and relationship.

Texas law also provides for a Survival Claim that may be pursued in the name of the deceased party. A survival claim compensates the estate of the deceased for the damages suffered prior to death. The damages include any type of personal injury damage that would have been recovered by the deceased party had they not died, including damages for medical bills, mental anguish and physical pain, physical impairment, physical disfigurement, disability, loss of income and loss of earning capacity. If the victim died with a Will, the survival claim recovery will pass under the terms of the Will. In the absence of a Will the survival claim recovery will pass under Texas Intestate Law.

Representing clients throughout Texas, in or near the following cities and counties:

Texas Cities: Houston, Pasadena, Deer Park, Clear Lake, Conroe, Huntsville, Galveston, Texas City, Beaumont, Port Arthur, Baytown, Bay City, Wharton, Dallas, Plano, Denton, Wichita Falls, San Antonio, Kerrville, Uvalde, Austin, El Paso, Eagle Pass, Del Rio, Laredo, Corpus Christi, Brownsville, McAllen, Midland, Odessa, Lubbock, Amarillo, Abilene, San Angelo, San Marcos and New Braunfels.

Texas Counties: Harris County, Fort Bend County, Brazoria County, Galveston County, Jefferson County, Liberty County, San Jacinto County, Montgomery County, Austin County, Colorado County, Nueces County, Maverick County, Bexar County, Travis County and Dallas County.