Call Us Today!

(713) 552-1117

Personal Injury Lawyer

Who Can File A Wrongful Death Lawsuit

Jan 23, 2023 | Class Action, Class Action, Personal Injury, Wrongful Death

Filing a wrongful death lawsuit can be a complex process, and it is important to understand who has the right to file such a lawsuit. In most cases, the decedent’s designated survivors have the legal capacity to file a wrongful death lawsuit—but there are some exceptions. If you are considering filing a wrongful death lawsuit, it is important to understand who can do so and what rights they have.

Designated Survivors

The first group of people who may be able to file a wrongful death lawsuit is designated survivors of the decedent. Designated survivors include the decedent’s spouses, children, parents, or other close relatives. These individuals will typically have the right to seek compensation for their loss due to the wrongful death of their loved one. This includes compensation for medical expenses related to their loved one’s illness or injury that led up to their death, as well as emotional distress caused by the loss of their loved one.

Decedent’s Estate

In some cases, only the decedent’s estate can bring forth a wrongful death claim. This usually applies if no designated survivor or all surviving heirs agree that the estate should bring forth the claim on their behalf. The executor of an estate has certain powers that enable them to file a lawsuit on behalf of all heirs involved to ensure that everyone receives proper compensation for their losses.


Wrongful death claims can be incredibly complex and challenging matters. Still, understanding who has the right to file such claims is essential to pursue justice for your loved one’s untimely passing properly. Generally speaking, designated survivors—including spouses, children, parents, and other close relatives—have the legal capacity to file these claims on behalf of themselves or behalf of all surviving heirs involved, for they receive fair compensation for their losses due to this tragedy. In some cases, however, only the decedent’s estate may bring forth such a claim, so it is important to understand your rights and determine who best represents you in this situation before taking any action. Understanding who has legal standing in this matter will help you navigate this difficult time with clarity and confidence as you seek justice for your loved one’s untimely passing.

CONTACT HOUSTON’S PERSONAL INJURY LAWYER, WALKER TEXAS LAWYER FOR HELP

For more information, contact Houston’s accident law firm of Walker Texas Lawyer by calling (713) 552-1117.

Walker Texas Lawyer
3100 Timmons Ln Suite #401
Houston, TX 77027

GET YOUR FREE CASE EVALUATION

 

Areas We Serve

Walker Texas Lawyer is located in Houston, just off the southwest freeway near the corner of Edloe St and West Alabama St. We serve clients throughout Texas. Injured in a car accident, motorcycle accident, offshore accident, or industrial accident? We can help you get the compensation you deserve. The following are some areas we serve:

Alvin, Atascocita, Baytown, Bellaire, Braeswood Place, Channelview, Conroe, Deer Park, Dickenson, Friendswood, Fulshear, Galveston, Hempstead, Houston, Humble, Hyde Park, Jacinto City, Jersey Village, Katy, Lake Jackson, La Marque, La Porte, League City, Meyerland, Mission Bend, Missouri City, Montrose, Pasadena, Pearland, Rice Military, Richmond, River Oaks, Rosenberg, Santa Fe, Seabrook, Splendora, Spring, South Houston, Southside Place, Sugar Land,  Texas City, The Woodlands, Tomball, University Place

About Walker Texas Lawyer

James Walker - Walker Texas Lawyer James Walker is a Personal Injury Attorney in Houston, Texas. He has over 40 years of legal experience and has helped over 25,000 clients. This means he has demonstrated his extensive knowledge of legal procedures. He knows how to handle insurance companies. If insurance companies refuse to give you a fair shake, they will take the insurance companies to court. He knows the law inside and out. He knows what he’s doing.

Walker will try to settle your case without going to court. But if that doesn’t work, he is ready and prepared to take your case before a judge. He is Houston’s Personal Injury Lawyer for a reason; he will fight for you, seek the maximum compensation on your behalf, and make sure you get what you deserve after an accident.