Jazmin Leal | July 7, 2026 | Personal Injury, Wrongful Death

Losing a loved one because of someone else’s negligence is devastating. During such a difficult time, families often wonder whether they have the legal right to pursue a wrongful death claim. Texas law limits who may bring a wrongful death lawsuit, making it important to understand your rights before taking legal action.

At Roderick C. Lopez Personal Injury Lawyers, we help families throughout Laredo, Webb County, and South Texas understand their legal options after the unexpected loss of a loved one.

Who Has the Legal Right to File a Wrongful Death Lawsuit?

Under Texas law, the following family members are generally eligible to file a wrongful death lawsuit:

  • The surviving spouse
  • The deceased person’s biological or legally adopted children
  • The deceased person’s parents

These family members may file individually or together depending on the circumstances of the case.

Can Brothers, Sisters, or Grandparents File?

Generally, brothers, sisters, grandparents, cousins, and other extended family members do not have the legal right to bring a wrongful death lawsuit under Texas law.

However, every family’s circumstances are different. If you are unsure whether you have the right to file a claim, speaking with an experienced wrongful death attorney can help clarify your legal options.

What If No Family Member Files?

If the eligible family members do not file a wrongful death lawsuit within the time allowed by law, the personal representative of the deceased’s estate may have the ability to bring the claim, subject to Texas law and any applicable exceptions.

What Types of Accidents Can Lead to a Wrongful Death Claim?

Wrongful death lawsuits may arise from many different situations, including:

  • Car accidents
  • Commercial truck accidents
  • Motorcycle accidents
  • Drunk driving crashes
  • Workplace accidents
  • Construction accidents
  • Dangerous property conditions
  • Defective products
  • Medical negligence

Why Speaking With a Wrongful Death Lawyer Matters

Determining who has the legal right to file a wrongful death lawsuit can become complicated, especially when multiple family members or an estate are involved. An attorney can explain your rights, preserve important evidence, and help your family understand the legal process while you focus on healing.

Frequently Asked Questions

How long do I have to file a wrongful death lawsuit in Texas?

In many cases, Texas law provides a two-year deadline to file a wrongful death lawsuit, although exceptions may apply depending on the facts.

Is there a cost to speak with a wrongful death lawyer?

At Roderick C. Lopez Personal Injury Lawyers, we offer free consultations, and there are no attorney’s fees unless we recover compensation for your family.

Can multiple family members file together?

Yes. Depending on the circumstances, eligible family members may pursue the claim together.

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Final Call to Action

If you lost a loved one because of someone else’s negligence in Laredo, Webb County, or anywhere in South Texas, the team at Roderick C. Lopez Personal Injury Lawyers is here to help.

Contact 956-LAWREDO today to schedule your free consultation and learn more about your legal rights.

Legal Disclaimer

The information provided in this article is for educational purposes only and should not be considered legal advice. Every wrongful death case is unique. If you have questions about your specific situation, contact Roderick C. Lopez Personal Injury Lawyers to schedule a free consultation.