The surviving family members who can file a wrongful death lawsuit are
the spouse, children, or parents of the deceased. This also includes adopted
children and the parents of adopted children, if they are legally adopted.
Unfortunately, siblings are not eligible to file a wrongful death claim
under Texas law.
If, after three months, the surviving family members have not filed a wrongful
death claim, then the representative or executor of the deceased's estate
can file a claim on the deceased's behalf.