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FAQs

Wrongful Death
Can a sibling file a wrongful death claim in Texas?

No, not usually. Only the deceased’s spouse, children, or parents are eligible to file a wrongful death claim under Texas law. However, you may be able to file a claim if no other surviving family members do so within three months of your sibling’s death, and you are acting as the personal representative of their estate.

Yes. You can file a survival action on behalf of your loved one, which is similar but distinct from a wrongful death claim. In a survival action, you can seek compensation for the pain and suffering your loved one experienced before they died. Any money awarded in a survival action goes to the deceased’s estate, after which it may be distributed to surviving family members.

A wrongful death settlement is typically paid out in one of two ways. In a lump-sum payment, you receive the compensation you are owed all at once. In a structured settlement, you receive the compensation in regular installments over a period, which can be beneficial for tax purposes.

Most wrongful death attorneys, including the team at The Wilhite Law Firm, accept cases on a contingency fee basis. In a contingency fee arrangement, you pay no upfront or out-of-pocket costs for our attorneys to begin work on your case, and you will owe nothing unless we secure compensation for you.

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