Accidental Death and Injury in Texas Law
Many state and federal laws are designed to protect workers. Injuries on the job can have serious consequences, causing employees to miss work and incur high medical costs.
Defective products or negligence can be the cause of many workplace injuries. Even if you are covered by workers compensation, you may still be entitled to legal damages.
Around 6,000 children are killed by accidents every year. It is not possible to compensate parents for the death of their child, but it is sometimes possible to recover from the court for emotional and financial losses.
Texas allows for two types of legal action when someone is wrongfully murdered. The first type of action is called a wrongful-death action and the second, a survival action.
When a person dies because of negligence or liability, it is a wrongful death. The Texas wrongful-death statute, originally codified in 1861, provides the exclusive remedy in Texas for wrongful deaths. It compensates the spouse, parents or children of the deceased for any losses they may have suffered as a result.
Survival actions are separate from wrongful death actions. They arise when an individual is responsible for damages if they caused an injury to another person's death through their wrongful acts, negligence, carelessness, unskillfulness, or default. The individual would have had the right to sue for that injury if they were still alive.
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The law is in a constant state of change. Some of this information may be inaccurate
or incomplete and should not be relied upon without the advice of legal counsel.
| Death Benefit (Accident) in Texas Law |
|---|
Civil Practice and Remedies | Death+benefit+injury* | pertaining to firearms and ammunition, admissible evidence |
Education Code | Death+benefit+injury* | pertaining to payment of compensation and death benefits to injured employees |
Government Code | Death+benefit+injury* | pertaining to rights and privileges, law enforcement and public protection |
Health & Safety Code | Death+benefit+injury* | pertaining to emergency management assistance compact, payment of compensation and death benefits to injured members |
Insurance Code | Death+benefit+injury* | pertaining to health benefit plan issuer or life insurer not liable for death or bodily injury |
Insurance Code | Death+benefit+injury* | pertaining to provision of certain insurance services by automobile club |
Labor Code | Death+benefit+injury* | pertaining to funding of subsequent injury fund, exclusive remedy, exemplary damages, average weekly wage for part-time employee or employee with multiple employment, average weekly wage for seasonal employee, average weekly wage for school district employee, death benefits, distribution of death benefits, redistribution of death benefits, initiation of benefits, insurance carriers refusal, administrative violation, third-party liability, pre-existing disqualifying condition |
Local Government Code | Death+benefit+injury* | pertaining to provisions relating to law-enforcement officers |
Transportation Code | Death+benefit+injury* | pertaining to liability offset, prohibited terms, definition of automobile club |
