Accidental Injury and Death in Texas Law
There are many state and federal regulations designed to keep workers safe. On-the-job injuries have serious ramifications causing employees to miss time from work and sometimes incur large medical bills.
Many on-the-job injuries can involve defective products or negligence. You may be able to seek legal damages even if your employer is subscribed to workers compensation.
Each year about 6,000 children die from accidental injuries. Although it is impossible to truly compensate parents or guardians for the wrongful death of a child it is sometimes possible to seek recovery from the courts for financial and emotional losses.
In Texas, there are two different types of actions that can be taken when somebody is wrongfully killed. The first is called a wrongful death action, and the second a survival action.
A wrongful death has occurred whenever a person is killed because of the negligence or liability of a person or entity. The Texas wrongful death statute originally codified in 1860 provides exclusive remedy for wrongful death in the state of Texas, compensating the decedent's spouse parents and/or children for any losses sustained as a result of the injury or death.
A survival action which is separate and distinct from a wrongful death action arises when a person is liable for damages for injury that causes an individual's death if the injury was caused by the persons wrongful act, neglect, carelessness, unskillfulness or default and where the individual injured would have been entitled to bring an action for the injury if he or she had lived.
|Accidental Death (Accident) in Texas Law|
Civil Practice and Remedies
pertaining to suits against accident and life insurance companies or associations, limited liability of owners, persons related to the owner or operator of a motor vehicle
pertaining to leaving the scene of an accident, crime of violence
pertaining to accidental death and disability insurance, volunteer fire departments, child safety month, reduce accidental injury and death, bicycle helmets, seat belts, occupational death, line of duty accident, death from accidents or illness
Health & Safety Code
pertaining to personal information, medical certification of disease that caused death
pertaining to valuation of policy or contract, group annuity, your endowment contract, industrial life insurance policy, ordinary life insurance policy, accidental death benefits table, valuation of certain annuities and your endowment contracts, commissioners reserved dilation method, commissioners annuity reserve dilation, minimum aggregate reserves, computation of reserved for policies by calendar year of issue, exceptions, accident insurance company, limits on life for accidental death insurance, net capital, surplus of domestic insurance companies, kinds of insurance authorized, amounts of contingency reserve, limits on life insurance, fraternal benefit societies, benefits authorized, authorized coverages, automobile club, certificate of participation, computation of net value of stipulated form of insurance,policy providing accident and health benefits, incontestability of policy, prohibited provisions, computation of net value of stipulated form of insurance or specified cash surrender value, accident and health insurance policy, exceptions, optional continuation of dependents benefits on death of insured
Insurance Code (not codified)
pertaining to group insurance for employees of state and its subdivisions, college and school employees
Local Government Code
pertaining to liability insurance for fire and police department officers and employees driving emergency vehicles, motor vehicle liability insurance for fire and police department officers and employees in this ballot, deductions authorized, benefits contract, coverage authorized, use of money in fund
Natural Resources Code
pertaining to insurance requirement, workers compensation
pertaining to disclosure of information relating to occupants, death by natural causes, suicide, or accident unrelated two condition of property
Parks and Wildlife Code
pertaining to accident reports, penalties, drug and now call testing, party boat, operator of a vessel involved in collision or accident
pertaining to barratry, solicitation of professional employment, intoxication manslaughter
pertaining to sellers disclosure of property condition
pertaining to duty to stop and render aid, operator of locomotive, accident report, statistical information, driving while license invalid, effective conviction, authority of municipalities to alter speed limits, accident involving personal injury or death, duty to give information and render aid, operator of a motor vehicle involved in accident, immediate report of accident, investigation by peace officer, operators accident report, officers accident report, municipal authority to require accident reports, report a medical examiner, justice of the peace, judgments, minimum coverage amounts, exclusions, failure to provide evidence of financial responsibility, magistrates inquiry and order, insurance for employees, minimum coverage amounts, common-law defenses, accidental injury and death benefits insurance coverage, automobile club, filing of information, governors responsibility, traffic safety program
Vernons Civil Statutes
pertaining to stop after accident, railroad corporation, operator of train or locomotive
|Accident In The News|
|Teenager kills 19 in Crimea college shooting: Russian officials||RUETERS: WORLD NEWS||10/17/2018|
|Teenager kills 17 in Crimea college shooting: Russian officials||RUETERS: WORLD NEWS||10/17/2018|
|WATCH: More than 1,400 dead, thousands injured after Indonesia quake||ABC NEWS WORLD HEADLINES||10/03/2018|
|South Carolina shooting leaves one officer dead, four injured: local media||RUETERS US NEWS||10/03/2018|
|At Least 384 Killed, Hundreds Injured After Earthquake And Tsunami Hit Indonesia||NPR WORLD||09/29/2018|
|Moroccan woman dies after navy fires at speedboat carrying migrants||RUETERS: WORLD NEWS||09/25/2018|
|WATCH: Courthouse shooting leaves 1 dead, 4 injured, including officer||ABC NEWS US HEADLINES||09/19/2018|
|WATCH: 1 dead, 4 injured after shooting at Pennsylvania courthouse, officials say||ABC NEWS US HEADLINES||09/19/2018|
|1 dead, 4 injured after shooting at Pennsylvania courthouse, officials say||ABC NEWS US HEADLINES||09/19/2018|
|Peru court gives ex-rebel leader life sentence for car bomb||ABC NEWS WORLD HEADLINES||09/11/2018|
|WATCH: Missouri Lawmaker Launches Into Auction Chant To Drown Out Protester||NPR TOP HEADLINES||09/06/2018|
|Injured Ugandan lawmaker prevented from traveling abroad||ABC NEWS WORLD HEADLINES||08/30/2018|
|Father sues St. Louis police in 2015 shooting death of his son||RUETERS US NEWS||08/20/2018|
|Fort Lauderdale Airport Shooter Is Sentenced To Life In Prison||NPR NEWS||08/17/2018|
|U.S. jury orders DaVita to pay $383.5 mln in wrongful death lawsuits||RUETERS: COMPANY NEWS||06/28/2018||
John Q. Lawyer
Attorney at Law
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Accident-Accidental Death 00000000