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Who can bring a claim in Texas
Texas law allows the following people to file a wrongful death claim: the surviving spouse, the children (including adult children), and the parents of the deceased. Any of them can file individually, or they can join together to file as one. [LEGAL REVIEW — CRITICAL]
If none of the immediate family files within three months of the death, the executor or personal representative of the deceased's estate may file on their behalf. The deadlines are strict — get this exactly right, because it is the thing the family actually needs.
Wrongful death vs. survival claims — the difference
Wrongful death
Filed by surviving family members. Seeks to compensate the family for what they lost: companionship, financial support, comfort.
Survival
Filed by the deceased's estate. Seeks to compensate what the person could have claimed had they survived: pain and suffering before death, medical expenses.
What a family may recover
- Funeral and burial expenses
- Loss of financial support the deceased provided
- Loss of companionship, love, and consortium
- Mental anguish and emotional suffering of family members
- Medical expenses incurred before death (survival claim)
[LEGAL REVIEW: categories only, never amounts.]
Common causes
[CONFIRM: does the firm handle medical negligence cases?]
Deadlines
The general deadline in Texas is two years from the date of death. There are exceptions for minors and claims against government entities. Deadlines are strict — missing one closes the case. We help you understand which deadline applies to your situation. [LEGAL REVIEW]
What to do now
- Keep documents: death certificate, medical records, police reports, insurance policies.
- Don't sign anything from the insurance company without speaking to an attorney first.
- Don't give recorded statements to the insurance company.
- Call us when you're ready. There's no pressure and no cost for the call.
How we charge
We work on contingency. There's no cost to the family upfront. We earn a percentage only if we recover money for you. If we don't win, you owe no attorney fees. Case costs are explained before you sign anything. [CONFIRM]
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