Texas, it is possible to file a wrongful death claim on behalf of a child or elderly parent under certain circumstances. Wrongful death claims are legal actions brought by the surviving family members or representatives of the deceased person against the party responsible for their death due to negligence, recklessness, or intentional misconduct.
In Texas, the Texas Wrongful Death Act governs wrongful death claims. According to this act, the surviving spouse, children, and parents of the deceased person have the right to file a wrongful death claim. If the deceased person does not have a surviving spouse, children, or parents, then the claim can be filed by the personal representative of the deceased person’s estate.
When it comes to filing a wrongful death claim on behalf of a child, the child’s parents or legal guardians are typically the ones who can bring the claim. If the child’s parents are deceased or unable to bring the claim, a court-appointed guardian or the child’s next of kin may be able to file the claim on their behalf.
Similarly, when filing a wrongful death claim on behalf of an elderly parent, the adult children or legal representatives of the parent can typically bring the claim. If the adult children are unable or unwilling to bring the claim, a court-appointed representative or the parent’s next of kin may be able to file the claim on their behalf.
It is important to note that the statute of limitations for filing a wrongful death claim in Texas is generally two years from the date of the person’s death. However, there may be exceptions or variations depending on the circumstances, so it is advisable to consult with an experienced wrongful death attorney to understand the specific time limits and requirements for your case.
In summary, in Texas, you can file a wrongful death claim on behalf of a child or elderly parent if you are their surviving spouse, child, parent, legal guardian, court-appointed representative, or next of kin. It is crucial to consult with a knowledgeable attorney to ensure you meet all the necessary requirements and deadlines for filing a wrongful death claim.