Wrongful Death in Texas Law

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 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 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.

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 a Texas wrongful death lawsuit the victims must prove that the defendant was responsible for the wrongful death, that the person filing the lawsuit is a spouse, child, or parent of the deceased, and that as a result of the death they suffered monetary losses and/or emotional harm.

The plaintiff in a wrongful death lawsuit must prove that it was the defendant's negligent or reckless conduct that led directly to the wrongful death. The methods used in establishing liability varies with each individual situation.

The plaintiff must also prove that they are entitled under law to file the wrongful death lawsuit which places strict limitations on the eligibility of those who can make a claim. Specifically, only the spouse, children, and parents of the deceased are allowed to file. Although common-law spouses and adopted children and parents are included in this group, stepparents and distant relatives such as aunts, uncles, nephews and nieces etc. are all excluded.

The final piece of the puzzle in a wrongful death lawsuit is proving damages. You must demonstrate to the court that you encountered financial and/or emotional hardships as the result of the death. This can include anything from unexpected funeral expenses to the loss of supporting income.

Texas survival statute allows the estate of the deceased victim wrongfully died to sue for injuries that the deceased could have sued for if they've survived the accident. The wrongful death and survival statutes are often used in conjunction, that is to say that the family of the deceased accident victim and typically bring suits seeking compensation under both laws.

Wrongful Death (Accident) in Texas Law

Civil Practice and Remedies

Wrongful+death

pertaining to wrongful death, injuries occurring out-of-state, survival

Civil Practice and Remedies

Wrongful+death

pertaining to major transactions, specification and venue by agreement, products liability, wrongful death, injuries occurring out-of-state, cause of action, acts or omissions out-of-state, forum non conveniens, limitation on damages, derivative claims, governmental liability, liability for certain conduct of state prison inmates, liability for services rendered during disaster

Finance Code

Wrongful+death

pertaining to prejudgment interest, personal injury, property damage,

Finance Code

Wrongful+death

pertaining to prejudgment interest in wrongful death, personal injury, property damage, prejudgment interest rate for wrongful death

Government Code

Wrongful+death

pertaining to state and local contracts and fund management, claim for personal injury or wrongful death arising from breach of contract

Penal Code

Wrongful+death

pertaining to solicitation of professional employment

Probate Code

Wrongful+death

pertaining to concurrent jurisdiction with district court, jurisdiction with respect to probate proceedings, jurisdiction with respect to guardianship proceedings, bond requirement for trustees

Property Code

Wrongful+death

pertaining to action to recover damages or relief arising from construction defects, tenet remedies for all landlords failure to install or rekey certain security devices, texas residential construction commission act, inspection and dispute resolution process, statutory warranty and building and performance standards

Accident In The News
Denmark: Nigerian pirate found guilty but not imprisonedABC NEWS WORLD HEADLINES11/28/2022
Court revives wrongful death claim in Ohio Walmart shootingABC NEWS US HEADLINES11/25/2022
Wife of Texas man killed by police in Arizona settles suitABC NEWS US HEADLINES11/23/2022
Atlanta to pay $1 million to the family of Rayshard Brooks, killed by police in 2020NPR NEWS11/22/2022
What we know so far about the Colorado Springs shootingNPR NEWS11/21/2022
District attorney: 1 dead, 16 injured after SUV crashes into Apple store in MassachusettsABC NEWS US HEADLINES11/21/2022
Gabby Petito's family awarded $3M in lawsuit against Brian Laundrie's estateABC NEWS: TOP STORIES11/17/2022
Judge sentences man to life in prison for Waukesha Christmas parade attackNPR NEWS11/16/2022
Gabby Petitos family files wrongful death suit against MoabABC NEWS: TOP STORIES11/08/2022
State Appellate Court Says Insurer's Interpretation of Product Liability Act Would 'Produce an Absurd Result'LAW NEWSWIRE11/04/2022
Gabby Petito's parents file $50M wrongful death suit against policeABC NEWS: TOP STORIES11/03/2022
Georgia State Law 3L Who Was 'Ready to Set the World on Fire' Dies in Car AccidentLAW NEWSWIRE10/12/2022
Critical Mass With Law.com's Amanda Bronstad: 'Like a Genetic Disorder': How Plaintiffs Won a Class Action Verdict Against GM. Merck Faces First Wrongful Death Lawsuit Over HPV Vaccine.LAW NEWSWIRE10/12/2022
Explosion at illegal oil refinery in Nigeria kills over 50NPR WORLD04/24/2022
Online marketplace Letgo sued after Denver-area slayingsABC NEWS: TECHNOLOGY04/14/2022
  

John Q. Lawyer

Attorney at Law

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Accident-Wrongful Death 00000000