When a family loses a loved one as a result of an accident, who has the right to sue? Under Texas law, which family members have standing to sue and demand justice from the wrongdoer? Shouldn’t the victim’s brother or sister have the right? How about the grandparents? A fiancé? How about the boyfriend or girlfriend with whom the deceased was living at the time of accident? The answers to these questions may surprise you. They are found in the Texas Wrongful Death Act.
WHAT IS THE TEXAS WRONGFUL DEATH ACT?
Death cases in Texas are governed by the Wrongful Death Act, which is found in section 71.00 of the Texas Civil Practice and Remedies Code. Before this Act was signed into law, there was no lawful recourse for cases of wrongful death. The law was written to provide a legal remedy in such cases. But to whom does the law convey this remedy?
WHO CAN SUE FOR WRONGFUL DEATH IN HOUSTON, TX?
The law states that only the surviving spouse, the children, and the parents of the deceased can bring a cause of action in a death case. Children of the deceased means all of the children, including children from prior marriages and illegitimate children – all are beneficiaries under the statute. Surviving spouse means the lawful spouse of the deceased at the time of death. Common law marriages will have to be proven by competent evidence, since no marriage license can be produced for this type of union. Proving a common law marriage usually involves testimony from the surviving spouse and friends of the couple who can prove that the couple referred to each other as husband and wife, considered themselves to be married, lived together, and presented themselves to outsiders as a married couple.
EXCLUSIONS WHICH MAY SURPRISE YOU
Grandparents, lovers, siblings. In the case of the death of a child, for example, even if the grandparents had been the main caregivers of that child, they cannot sue. Another sad situation is where the deceased had been living with a longtime mate and perhaps even had children with that person. If a common law marriage cannot be proven, the survivor of the two has no cause of action. See above for proof of a common law marriage.
Another sad situation involves the death of a person who had no family other than a sibling. Even if, at the time of death, the deceased had been under the care of the sibling, living under the same roof, and shared a loving and close relationship, the surviving sibling has no cause of action. In this situation, since the deceased was not survived by children, spouse, or parent, there is no one who can sue the wrongdoer.
DOCUMENTS YOUR WRONGFUL DEATH ATTORNEY WILL WANT TO SEE
Before your attorney puts anyone on notice that he represents you in a wrongful death case, he will want to see birth certificates, adoption documents, and a marriage license.
If you are the spouse, child, or parent of a loved one who was killed in an accident, call Houston Wrongful Death Attorney Robert Rodriguez for a free consultation. I have had years of experience in wrongful death cases.