Monthly Archives: January 2020

Can a Spouse File a Wrongful Death Claim?

Personal Injury Lawyers » Can a Spouse File a Wrongful Death Claim?

If Your Spouse was Killed Due to the Negligence of Another, You May be Allowed to Bring a Claim or Lawsuit

Can a surviving spouse – a husband or wife – file a wrongful death claim based on an accident? Yes. Spouses can and frequently do file claims based on their spouses’ deaths. San Antonio is a very dangerous place to live, and people lose their lives far too often, often due to the carelessness and even intentional conduct of others. If your spouse has died, the law provides you with ways to be financially compensated by the people and businesses that caused your spouse’s untimely death. Assistance is available in this process. Call Our Law Offices today for the legal help you deserve and need. We are proven and tested personal injury lawyers with long track records of serving Texans’ needs in wrongful death cases and other serious personal injury cases.Wrongful death attorneys

Life and Death in Texas

More than six million people live in the combined Houston-Sugar Land-Baytown area. I-45, I-10, Loop 610, Beltway 8, the Hardy Toll Road, Highways 59, 288 and 290: the list of dangerous places to drive in Houston is virtually endless. Near constant construction adds to the problems, as more and more people move into the Houston area. The area is also well known as a major center of industrial work: the refineries in Baytown and Pasadena, the Houston ship channel, the oil and gas work are done on and offshore and all the large and small industries in Houston make it a dangerous place to live. Combine all that with a well-known lack of zoning within city limits, and you have a super-treacherous place to live and work. Too many residents lose their lives in accidents and intentional killings. More information here @

What Rights Does a Surviving Spouse Have to Compensation?

Survival Claim:
The survival claim is the deceased person’s personal injury case. It is said that the personal injury case “survives” a deceased person’s death in the form of a survival claim. The survival claim is brought by the personal representative of the deceased person’s estate: this is sometimes known as the executor and administrator. In the case of a married person, the personal representative is very often the deceased person’s spouse. The personal representative brings the survival claim, and the survival claim benefits the people identified in the deceased person’s will (also oftentimes the spouse). When a deceased person does not leave a will or when a deceased person leaves a will that is defective or insufficient, Texas law mandates who gets the decedent’s property; not surprisingly, this is often once again a deceased person’s spouse, who has a special standing in the law’s eyes.

Wrongful Death Claim:
A Texas wrongful death claim is created specifically by the Texas wrongful death statute, contained in Chapter 71 of the Texas Civil Practice & Remedies Code. The wrongful death statute specifically identifies what is known as wrongful death heirs, that is, the people who can benefit from Texas wrongful death claims. According to Chapter 71, the only people who benefit from wrongful death claims in Texas are a deceased person’s spouse, children, and parents. The wrongful death claim is for the specific benefit of those people and not for the decedent’s estate.

Wrongful death cases are challenging cases in many respects. If your spouse or other loved one has been killed, count on Our Law Offices to hold the wrongdoers accountable. You can reach our team of Texas injury lawyers at toll-free. Click on this link for more information @

Carabin Shaw P.C.
630 Broadway St, San Antonio, TX 78215


Continue Reading