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My Ex-spouse Was Killed in an Accident. Can My Children Make a Claim?

With the growing divorce rate, we are sometimes asked by people if their children can bring a wrongful death claim for the death of an ex-spouse. In other words there was a marriage, they had children there was a divorce and now the ex-spouse wants to know if their children, her children, or his children can bring a claim for the death of the ex-husband or wife.

The answer in Texas is yes. Under the Texas Wrongful Death Act when someone is killed through the negligence of someone else, then the deceased person’s children whether they are natural children or adopted children regardless of whether or not the marriage is still intact can bring a claim for their loss.

For example, if the children are living with you but their father or mother was killed in an accident they are probably still going to suffer an economic loss. It may just be loss of child support but they’re entitled to bring a claim for that loss under the Wrongful Death Act. Their greater loss will be their emotional loss and that’s the loss of that parents love, affection, guidance and companionship. In Texas children have the right to be compensated for that loss regardless of whether or not their parents are divorced.