Who Can Bring a Wrongful Death Action in Texas?
Texas wrongful death attorneys Jose, Henry, Brantley, MacLean and Alvarado, L.L.P., have been litigating wrongful death claims for more than 25 years. We bring our experience and our compassion to your wrongful claim to help you recover the compensation you deserve. We are “AV” rated by Martindale-Hubbell, which means other attorneys have rated us as having the highest level of professional excellence.
The Texas Wrongful Death Statute was first enacted in 1860, and has been amended several times over the years. It is now codified in Chapter 71 of the Texas Civil Practice and Remedies Code. The Act provides the exclusive remedy for wrongful death in Texas.
Under the Texas Wrongful Death Statute, the decedent’s spouse, parents, and children may recover for the losses that resulted from the decedent’s injury and death (an executor or administrator of the decedent’s estate may also bring an action on behalf of these beneficiaries.) Each or any combination of these individuals may bring a wrongful death claim. Often, more than one family member has a claim as the result of a wrongful death. If, for example, the decedent was the husband, and sole support of his family, his surviving wife has suffered, in addition to the loss of her husband, the loss of his emotional and financial support.
If he was also part caregiver for their children and responsible for his parents’ financial support, his loss will require a replacement caregiver and the replacement of the support he provided for his parents. His children have lost the love and guidance of their father, and they too have lost his financial support, both at present, for such things as food and shelter, and any future income as well, perhaps income that was to finance the children’s education.
The lawyers at Jose, Henry, Brantley, MacLean and Alvarado will guide you and your family through the wrongful death action process. Although nothing can replace your loss, you can and should be compensated for the financial consequences of that loss.
