After a fatal incident, a family may need to understand who can bring a claim and what must be proved. We represent eligible family members pursuing wrongful death claims. We also evaluate whether a distinct survival claim involving the deceased person’s estate is implicated.
Identify the claimant and the claim
Texas law identifies the surviving spouse, children, and parents as wrongful-death beneficiaries. A survival claim is distinct and concerns a claim that survives the injured person’s death. Authority to act and the relationship between the claims need review; not every relative can bring the same claim.
Investigate the incident and the loss
Reports, witness information, medical records, and evidence about the responsible conduct help establish the claim. Records of the family relationship and financial support may also matter. We evaluate the available claims and prepare the evidence for negotiations or litigation without promising a particular recovery.
Records that may matter
- Incident reports, witness information, and relevant medical records
- Information about surviving family members
- Existing estate appointments, court papers, and insurance letters
Questions about your case
Is wrongful death the same as a probate dispute?
No. Wrongful death concerns responsibility for the death and eligible beneficiaries. A dispute over a will or estate administration is a different matter, although estate authority may affect a survival claim.
Does every family member have the same right to sue?
No. Texas law specifies who may pursue the relevant claims. The attorney needs the family relationships and any estate appointment information to evaluate authority.
Texas law references
General information. The applicable rules depend on the facts and proceedings.