In Texas, the law specifies who is allowed to file a wrongful death lawsuit. In this state, this includes the following:
Spouse of the deceased
Children of the deceased
Parents of the deceased
Any one of these individuals is allowed to file a wrongful death lawsuit on behalf of the others. If the surviving spouse, children, or parents fail to file a lawsuit within three months from the date of death, the executor of the estate will be allowed to file the claim in court, unless the surviving family members have specifically asked that the claim not be filed.