Wrongful death actions are different from other types of personal injury cases in many ways. One distinct difference is that the party initiating the action is not the person who got hurt in the accident. Instead, the right to file a claim for damages belongs to the family. However, not all family members are entitled to file a wrongful death lawsuit.
In Texas, the following individuals may have the right to pursue compensation through a wrongful death claim after a fatal accident:
Spouse,
Children, both biological and adoptive, and
Parents, both biological and adoptive.