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.
| 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 |
