DAMAGES RECOVERABLE IN WRONGFUL DEATH ACTIONS
The damages in a Texas wrongful death suit are designed to compensate survivors for their losses. These losses may include:
The Texas Wrongful Death Statute
and Survival Causes of Action
Understanding Rights and Remedies for Loved Ones
The loss of a loved one is among the most difficult experiences any family can endure, especially when that loss is the result of another party’s negligence or intentional act. In Texas, two principal legal remedies exist to address such tragedies: the wrongful death statute and survival causes of action. Though closely related, each provides distinct rights and avenues for recovery.
Texas Wrongful Death Statute:An Overview
The Texas Wrongful Death statute is codified in Chapter 71 of the Texas Civil Practice and Remedies Code. It allows spouses, parents, and children to bring a lawsuit when their loved one’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another.
Who May File A Wrongful Death Claim?
Under Texas law, the following parties may bring a wrongful death action:
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The surviving spouse
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The children (including adopted children)
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The parents (including adoptive parents) of the deceased
These parties may sue individually, or one or more may initiate the claim on behalf of all eligible family members. Siblings, grandparents, and other extended relatives are not authorized to bring such actions in Texas.
Causes of Action Under the Statute
A wrongful death suit may be brought if the individual’s death was caused by:
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Negligence (such as a fatal car accident or medical malpractice)
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Intentional acts (including assault or murder)
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Defective or dangerous products
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Unsafe conditions on property (premises liability)
It is not necessary for the responsible party to have been criminally convicted for the wrongful act; the standard of proof in civil court is a preponderance of the evidence, which is lower than the criminal standard.
Statute of Limitations
A wrongful death claim in Texas must typically be filed within two years of the date of death. Certain exceptions apply, including cases involving minors, fraud, or if the responsible party leaves the state.
DAMAGES AVAILABLE IN SURVIVIAL ACTIONS
DAMAGES AVAILABLE IN SURVIVIAL ACTIONS
The estate may recover damages for the decedent’s injuries and losses sustained between the time of injury and death, including:
Survival Causes of Action
While the wrongful death statute allows family members to recover for their own losses, the survival statute addresses the rights of the decedent themselves. Codified in Section 71.021 of the Texas Civil Practice and Remedies Code, the survival statute enables the decedent’s estate to pursue a claim for damages that the deceased could have brought if they had lived.
What Is a
Survival Action?
A survival action is, in essence, the decedent’s personal injury claim that "survives" their death. It does not create a new cause of action, but rather continues the rights and remedies that would have been available to the deceased had they survived their injuries.
Who May Bring a Survival Action?
The decedent’s legal representative—typically the executor, administrator, or personal representative of the estate—files the survival action on behalf of the estate. Any damages recovered become part of the estate and are distributed according to the will or, if there is no will, the laws of intestacy.
If you have lost a family member as the result of the negligence of someone else, you need a lawyer that can guide you through the process of setting up an estate for your deceased loved one, evaluate the magnitude of your loss, and fight those responsible for your loved one’s death. The Law Office of Shaw Clifford is here to help you.
LEARN HOW A PERSONAL INJURY ATTORNEY
CAN STAND UP FOR YOUR RIGHTS!
Accidents happen when you least expect them. That is why at the Law Office of Shaw Clifford there is someone ready to answer your call at any time, any day of the week. Prior to signing up as a client, you and Shaw Clifford will sit discuss your personal injury case. The Consultation is FREE and confidential.
We’re proud to provide aggressive and personal representation to each and every client. We want the best for you and will fight for the best possible results. An accident can disrupt your life, but we will do everything we can to help you.
Call us right now at 281-794-3738 and discuss how to move forward today.