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 (Injury) in Texas Law

Civil Practice and Remedies


pertaining to where a suit can be filed, liability of motor vehicle owner

Criminal Procedure


pertaining to leaving the scene of an accident, forfeiture of contraband

Government Code


pertaining to occupational death, public retirement, child safety month, fire fighters,

Health & Safety Code


pertaining to medical certification

Insurance Code


pertaining to valuation, annuity, endowments, reserves, limits, contingency, fraternal benefits, certificate of participation, net value, incontestability, exceptions

Insurance Code (not codified)


pertaining to group insurance for school and state employees

Local Government Code


pertaining to liability insurance for fire fighters and police officers, motor vehicle insurance for fire fighters, police officers, emergency vehicle drivers and municipal employees

Natural Resources Code


pertaining to insurance requirements for oil and gas businesses

Occupation Code


pertaining to occupants of real estate

Parks and Wildlife Code


pertaining to accident reports, penalties, drug and alcohol testing

Penal Code


pertaining to prohibited solicitation of employment ("ambulance chasing"), intoxication manslaughter

Property Code


pertaining to seller's disclosure of property condition

Transportation Code


pertaining to duty to stop and render aid, accident reports, invalid license, municipal authority, medical examiner, judgment, evidence, financial responsibility, common law, automobile clubs, employee insurance, governor's responsibility, filing

Vernons Civil Statutes


pertaining to duty to stop

Authoritative Web Pages About Accidental Death
Texas Lawyers Blog: Texas Accident Death Lawsuits Include Wrongful Death Claims and Survival Accident Claims by Texas Accident Death Lawyer Jason S. Coomer
( County)
San Antonio Wrongful Death Attorney :: Wrongful Death :: Laredo, Texas Accidental Death Lawyer
( County)
Accidental Death Of Spouse : Wrongful Death : Texas Attorney - The Herrera Law Firm
( County)
Texas leads the nation in accidental deaths in the workplace
( County)
Injury In The News
EEOC: Walmart Faces ADA Suit for Allegedly Denying Deli Employee Disability-Related LeaveLAW NEWSWIRE03/31/2023
Las Vegas lawyer indicted in $460M 'slip-and-fall' schemeABC NEWS US HEADLINES03/30/2023
San Diego County supervisor to resign after assault lawsuitABC NEWS US HEADLINES03/30/2023
Police union employee charged with importing illegal opioidsABC NEWS US HEADLINES03/30/2023
'No Supporting Legal Authority': Workers' Compensation Immunity Bars Injured Employee's Suit Against Co-WorkersLAW NEWSWIRE03/21/2023
Sonko court appearance sparks unrest in Senegal's capitalABC NEWS WORLD HEADLINES03/16/2023
State Appellate Court Split: USAA Owes $30K Under Auto Policy for Injuries Sustained While Loading Luggage Into VehicleLAW NEWSWIRE03/15/2023
Texas man files wrongful death suit against women he claims aided ex-wife's abortionABC NEWS: TOP STORIES03/11/2023
Texas man sues ex-wife's friends for allegedly helping her get abortion pillsNPR NEWS03/11/2023
Texas man sues ex-wife's friends for helping her get abortion pillsNPR NEWS03/11/2023
Justices OK overtime pay for $200,000-a-year oil rig workerABC NEWS: TOP STORIES02/22/2023
Senegal police smash car, forcibly remove opposition leaderABC NEWS WORLD HEADLINES02/16/2023
Court upholds Minnesota 'Clean Car Rule' tied to CaliforniaABC NEWS: TOP STORIES01/30/2023
Appeals court clears the way for more lawsuits over Johnson's Baby PowderNPR BUSINESS01/30/2023
A woman is ordered to repay $2,000 after her employer used software to track her timeNPR WORLD01/13/2023

John Q. Lawyer

Attorney at Law

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Injury-Accidental Death 00000000