People who can bring suit in a wrongful death case.

In a wrongful death claim arising from an auto accident, who can bring suit against the at fault driver?

An action for actual damages arising from an injury that causes an individual’s death may be brought if liability exists.  A wrongful death claim does not abate because of the death of the injured person. Generally, the estate of the deceased, as well as the surviving spouse, children, and parents of the deceased can recover monitary damages for their loss. 

Texas laws allow for one cause of action for a wrongful death claim in which all the estate, spouses, children, and parents may combine as parties to recover their damages.  An action for wrongful death is brought as one singular case, no matter how many claimants are separately injured by the death.

It’s important to know that if none the individuals entitled to bring an action have filed suit within three calendar months after the death of the injured individual, the executor or administrator shall file suit against the responsible parties unless requested not to do so by all of the heirs.

A wrongful death cause of action accrues at death, if it exists at all.  The state of Texas has two-year statute of limitations, which means any case must be filed not later than two years from the date of death, otherwise it is barred forever.