Related Articles
General Info
Wrongful Death Cases Explained
Our Experience in Wrongful Death Cases
Evidence Neccesssary to Win
Who is Eligible to File
Can a Parent Sue for Losing a Child?
Can a Sibling Pursue a Wrongful Death Case?
Can a Spouse File a Wrongful Death Lawsuit?
Can a Child Sue for Losing a Parent?
How Texas’ Wrongful Death Law Works
WD Cause of Action “Borrows” from Other CoA
Texas Wrongful Death Laws
Texas Survival Statute
Does an Estate Have to Be Established?
What is an Estate?
Does a Will Affect a Wrongful Death Case?
Common types of Wrongful Death Cases
Wrongful Death Claims Against the City of Houston
Wrongful Death Claims Against the City of Galveston
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Personal Injury Lawyers » Can a Sibling File a Wrongful Death Claim?
If Your Brother or Sister has Been Wrongfully Killed, You may Have Options to Bring a Claim Against Those Responsible
When a person passes away in Texas, can a surviving sibling (brother or sister) file a wrongful death claim based on their deceased brother or sister’s death? The short answer is not exactly. Under the law here in Texas, people cannot normally file wrongful death claims based on their siblings’ deaths, although exceptions exist. Also, people can and often do act as the executors of their siblings’ estates and file claims that are similar and parallel to wrongful death claims – these are called survival claims.
When a brother or sister passes away due to an accident caused by someone else, surviving siblings are often left grieving, confused, and with no one to turn to. If your sibling is killed in an accident or due to someone else’s misconduct, turn to Our Law Office. We are veteran Texas injury lawyers with long track records of success for injured men, women, and children and their surviving family members.
Texas Law
Who can bring a wrongful death claim in Texas? The Texas Wrongful Death Statute defines the class of people who can: the deceased person’s surviving children, spouse, and parents. These three groups of people are the only three allowed to benefit from a wrongful death claim. They are known as the “wrongful death heirs.” So, if an adult man is killed in a traffic accident, his wife, children, and surviving parents if any can all be plaintiffs in the wrongful death claim based on his death. Minor children (kids under 18 years old) are incapable of bringing legal claims on their own and must be represented by someone in court: normally their living parent or another representative chosen by the court.
A Sibling’s Rights
So, siblings normally do not have the right to benefit from wrongful death claims when their brothers and sisters are killed. What rights do siblings have? Siblings often represent their deceased brothers’ and sisters’ estates in claims that are similar to wrongful death claims called survival claims. While wrongful death claims complain about the injuries the wrongful death heirs suffer personally (the harm is done to the parents, spouses, and children), survival claims complain about the harm done to the decedent (deceased person). The decedent’s own injuries are said to survive the decedent’s death and form the basis of the survival claim.
Wrongful death lawsuit attorney
Also, the Texas Wrongful Death Statute requires estate representatives to file wrongful death claims on behalf of the wrongful death heirs if the heirs themselves do not do so unless all the wrongful death heirs ask the estate representative not to. So if a sibling represents an estate, the sibling not only can but must file a wrongful death claim.
Interestingly, when a sibling-executor files a survival claim and a wrongful death claim, those claims do not necessarily benefit the sibling. The proceeds from a wrongful death claim still benefit the wrongful death heirs, even if the executor brings the claim. And the survival claim benefits whoever the decedent selects in his or her will; with no will, the laws of Texas intestate succession govern who gets what from the decedent’s estate, possibly the siblings and possibly not.
Our Law Office
Our Law Office can help you and your family makes sense of these complicated issues regarding wrongful death cases. Each case is different: trust a lawyer with skill in this area to advise and represent you for accidents and wrongful deaths. Trust Our Law Office and our team: you can reach us at toll-free.
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Personal Injury Lawyers » What is an Estate?
An Individual’s Estate in Relation to a Wrongful Death Case in Texas
Several states have different ways that they treat wrongful death actions and the distribution of recovery through the estate or to the individuals bringing the actions themselves. Knowing how and to whom to distribute estate assets and wrongful death recoveries can be a complex process. The attorneys at Our Law Office have substantial experience in bringing wrongful death causes of action. We have a record of success in these claims, we also have a considerable amount of experience in distributing the proceeds of these claims. Knowing who is entitled to what in a wrongful death recovery is part of the process to ensure that the victims are fully compensated.
Individual’s Estate
An individual’s estate is created at the time of their passing. It is basically a legal entity in itself which includes the deceased’s property, whether real or personal, owned at the time of death. It is designed to account for all the assets of the deceased, and then pay all the debts of the deceased through his assets. After this time any remaining assets will be distributed to the heirs of the deceased. An individual’s estate generally goes through probate, this is essentially a closing out process to tie up any loose ends that the deceased individual may have had. It is here that the deceased’s creditors may come and make their claims to be reimbursed the amount they were owed. Estates will have an executor who will oversee the distribution of the estate.
If the deceased was the owner of a life insurance policy that did not name a beneficiary, the proceeds of the life insurance policy would also be distributed through the estate of the deceased. If the life insurance policy named a beneficiary, the distribution of the proceeds of the policy would be distributed to the named individual.
Who Can Bring a Wrongful Death Claim?
In Texas, a wrongful death cause of action can be brought by the family members of the deceased. The family members who generally are able to recover for the wrongful death of one of their family members are generally the parents, children, and spouses of the deceased. Some states only permit the executor of the deceased’s estate to bring a wrongful death claim on behalf of the family. The family members and other individuals named in the will do not have the right to veto a settlement agreement, although the court is required to approve any settlement agreement.
Who Can Receive Benefits?
Unlike some states, Texas distributes the benefits received from wrongful death causes of actions to the individuals who brought the claim, not the individuals, who were named as beneficiaries of the estate. Your wrongful death recovery will not be hindered by the debts of the deceased.
Texas Survival Statute
The Texas survival statute is different than a wrongful death claim. This statute allows an estate, heirs, or legal representative to bring a survival action. This is different because the suit seeks the damages that an individual would have recovered for their injuries had they survived. While wrongful death claims seek damages that the people asserting claims lost, such as love and affection, lost wages, and lost future earning capacity. The damages that would be sought in a survival statute claim would be things such as lost wages, medical bills, property damage, funeral expenses, and the like. Any recovery under the survival statutes will be disbursed to the estate rather than any individual. These recoveries will be subject to the debts of the deceased and would go through the probate process as with the rest of their assets.
Did You Know?
Our wrongful death attorneys have won thousands of cases. Call us today to discuss your case.
Conclusion
If you have a wrongful death action you need an attorney that knows how to work with the estate of the deceased. The attorneys at Our Law Office have a world of experience in these claims, we know how to recover for your claim and who should be compensated afterward.
If you want representation that produces results, contact Our Law Office to schedule your free consultation.
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Personal Injury Lawyers » How a Will Affects a Wrongful Death Case
How Does the Will of the Decedent Affect a Wrongful Death Case?
Losing a loved one due to someone else’s wrongdoing is a traumatic experience. You are probably thinking that if you file a wrongful death claim, will the money that you receive for your loss be affected by your loved one’s will? These are tough times and there are a lot of decisions that need to be made and expenses that need to be paid. Speak with an experienced attorney today to discuss your wrongful death claim.
In a wrongful death lawsuit, a will does not affect the compensation that is awarded to a surviving family member. They are filed by a surviving family member of the deceased who died because of someone else’s negligence. Even if this person is not listed in the will, the surviving family member can receive compensation from the lawsuit. The compensation is going directly to the family member and not the estate.
The purpose of a wrongful death lawsuit is to compensate the surviving family member for the loss of their loved one. A surviving family member is a parent, spouse, or child. However, the executor of the will may file on behalf of the estate if the surviving family member does not file within a certain amount of time.
Survival Cause of Action and Damages
A survival cause of action is different than a wrongful death cause of action because a will drafted by the deceased can affect it. A survival cause of action allows the estate of the deceased to bring a lawsuit to recover for the damages that the deceased would have recovered if they survived the accident.
If the deceased drafted a will, then the executor of the estate, who is named in the will, can bring a survival cause of action. Not the family. The executor represents the estate and will collect damages that are owed to the estate. If the deceased did not draft a will, then a court will appoint an executor or a legal representative to represent the estate in the lawsuit.
The survival damages that are awarded to the estate are funeral, burial expenses, and medical bills just like in a wrongful death case. In order to recover from mental anguish and physical pain, the estate must prove that the deceased suffered pain before death and was conscious at the time. If the deceased died instantly and lost consciousness immediately then recovery of compensation will not be awarded.
Brief Overview of How a Will Works
A will, or a last will and testament, is a legal document created by you giving instructions on how to distribute tangible and intangible items throughout one’s estate after death. It also allows you to identify your beneficiaries. A beneficiary can be the person(s) that you are giving your property to. A will also provides for an executor to be appointed. This person is the one who manages your estate, pays out debts owed and other expenses that need to be handled.
To have a valid will you must be 18 years of age, be competent, have testamentary intent, and it must be in writing. Texas requires that the writing of the will can come in two forms. The first is called an attested will. This means that your will was in writing, signed by you or someone that you appointed to sign your will and you have two witnesses. The other form is a holographic will meaning that the will was written in your own handwriting, signed by you and you do not need any witnesses. The attested will is the most common will.
The attorneys at Our Law Office understand that losing a loved one is a painful experience. Our attorneys dedicate their time and effort to making the person pay for causing the death of your loved one. Our attorneys have been litigating wrongful death cases for over two decades and have been affording our clients the adequate legal services that they deserve. There is a time limit to file a wrongful death claim so do not wait to call us. Contact our office today to receive a free consultation. Allow our attorneys to bring you the closure that you are seeking.
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