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Who Can Represent the Deceased in a Texas Workplace Accident Claim?

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Losing a family member in a work-related accident may be one of the most difficult life events you experience. With the help of the compassionate and experienced lawyers at Hilliard Law, you may seek legal recourse for damages if you are a surviving spouse, child, or parent of a person who died due to a workplace accident claim.


Accidents occur in the workplace every day, especially in inherently more dangerous occupations, such as construction work, oil and gas, and others. When an accident turns into a tragedy and a worker loses their life on the job, families may face financial difficulties without their loved one’s income. Fortunately, the Texas legal system provides a way for the deceased’s family to seek compensation for losses through a workplace accident claim. 

Personal representatives of the deceased’s estate, beneficiaries, or surviving parents can file a wrongful death lawsuit for a workplace accident in Texas. At Hilliard Law, we have been powerful advocates for our clients since 1985. We know how to fight for the maximum compensation you deserve due to an employer’s negligence. Our highly skilled legal team is well-versed in Texas laws and understands what it takes to protect your legal rights. 

Who Can Represent the Deceased in a Wrongful Death Accident Claim in Texas?

When a loved one dies in a workplace accident, it can be devastating for the family. Not only do they grieve the loss of a family member, but they may also face financial strain due to a loss of income, funeral and burial costs, final medical expenses, and other losses. 

There are several parties that may represent the deceased in a wrongful death accident claim in Texas, including the following: 

Surviving Spouse 

A surviving spouse may seek damages in a wrongful death claim in Texas if the marriage was common law. However, they must prove that they suffered financial loss as a result of the deceased’s death. A separated or remarried spouse may also be eligible to recover compensation in certain cases. 

Surviving Children 

Biological children or adopted children of any age can file a wrongful death claim on behalf of the deceased in Texas. However, adoptive children may not file a claim for compensation for biological parents if they qualify for recovery for their adoptive parents. 

Surviving Parents 

Biological and legally adoptive parents can file a wrongful death claim. If the surviving spouse, children, or parents do not seek legal recourse within three months of the event, then the personal representative of the decedent’s estate may initiate a claim.

Personal Representative 

Under Texas law, a personal representative of the deceased’s estate can seek a wrongful death claim on the behalf of the deceased beneficiaries. They have the authority to hold the employer responsible for workplace accidents if the beneficiaries fail to seek a claim. 

What Damages Can You Receive for a Wrongful Death?

A wrongful death lawsuit is filed to recover financial and emotional losses incurred by the survivors due to the passing of a loved one. Damages you may be eligible to recover depend on the circumstances of the accident and may include the following: 

  • Lost income 
  • Loss of companionship 
  • Final medical expenses 
  • Funeral expenses 
  • Pain and suffering 

Partnering with a skilled lawyer at Hilliard Law greatly increases your chances of receiving the compensation you deserve following the wrongful death of your loved one.  

Speak With the Experienced Workplace Accident Lawyers at Hilliard Law

Losing a family member in a work-related accident may be one of the most difficult life events you experience. With the help of the experienced lawyers at Hilliard Law, you may seek legal recourse for damages if you are a surviving spouse, child, or parent of the deceased through a workplace accident claim. 

With our compassion, tenacity, and extensive track record of success, we know how to fight for you. We work on a contingency fee basis, which means you don’t worry about payment unless we obtain a successful outcome. Call (866) 927-3420 or fill out our contact form for a free consultation.

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