Only certain individuals qualify to file a wrongful death claim on behalf of the deceased person in Texas under our state law. First, there are certain family members who are allowed to file a wrongful death claim. These family members include:
The surviving spouse, even if the couple was separated
The children of the deceased (including adult children)
The parents of the deceased
Survivors of a non-marital relationship, such as a fiancé or domestic partner, are not eligible to file a wrongful death claim with an insurance company. This family member may file individual wrongful death claims or file joint or group claims. However, if the family does not file the claim within three months, the personal representative, also known as the executor, of the estate may then file the claim.