FAQs

I am not legally married but lived with my deceased partner for over 15 years. My spouse was killed in a big rig accident. Can I file a wrongful death claim?

Currently, Texas law does not permit wrongful death actions to be filed by same-sex spouses.

Otherwise, a spouse may bring such an action whether or not their union was formal or under common law.

A claim may also be filed if the spouses were separated at the time of a fatal accident, and the spouse may also bring a wrongful death action even if the surviving spouse remarried after the other partner’s death.