Posts Tagged ‘wrongful death’
Who can bring a lawsuit for wrongful death?
Posted by: David Leon in Estate planning and probate, Litigation and judgments, Personal injury, auto accident, slip and fall law on July 5th, 2009
Wrongful death causes of action are controlled by Chapter 71 of the Texas Civil Practice and Remedies Code (CPRC).
Per Sec. 71.004, the surviving spouse, children, and parents of the deceased are the only ones who can bring an action for wrongful death.
If none of the individuals entitled to bring an action have begun the action within three calendar months after the death, then the personal representative of the estate shall bring and prosecute the action unless requested not to by all those individuals.
In most cases, it is advisable to have the wrongful death beneficiaries and the beneficiaries of the estate sign a family settlement agreement prior to taking any action.
Can an estate sue someone in Texas?
Posted by: David Leon in Estate planning and probate, Litigation and judgments on February 15th, 2009
No. In Texas, an estate is not a legal entity. Therefore, it cannot sue or be sued. A court will need to appoint a personal representative of an estate, acting in his or capacity.
What are wrongful death and survivor suits?
Posted by: David Leon in Estate planning and probate, Litigation and judgments, Personal injury, auto accident, slip and fall law on February 15th, 2009
If someone dies due to the act or omission of another, then there may be a cause of action by the heirs of the deceased for Wrongful Death. If the deceased suffered personal injury prior to death, then the deceased’s estate may have a cause of action called a survival claim. We can assist with either the prosecution of these matters. Some of the services include ancillary probate, appointment of personal representatives, appointment of an independent administrator of an estate, determination of heirs and determination of common law marriage. This also includes obtaining letters testamentary or letters of administration of an estate. Contact us if you have a situation that you would like to discuss in detail.
