Texas Wrongful death actions are governed by Chapter 71 of the Texas Civil Practice & Remedies Code. Essentially, a person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s wrongful act, neglect, carelessness, unskillfulness, or default.

Who May Bring A Wrongful Death Action?

An action to recover damages is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. Further, the surviving spouse, children and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.

What Kind of Damages are Recoverable?

There are many different types of damages that a claimant or claimants may be entitled to recover. Some of the more important recoverable damages are listed herein:

  • Past medical expenses;
  • Pain and suffering and mental anguish;
  • Loss of consortium and loss of services;
  • Loss of earnings and loss of earning capacity;
  • Loss of inheritance; and
  • Punitive damages (if applicable).

If a loved one has died as a result of the wrongful acts of another, you and/or the family members may be eligible fo file a claim for damages. However, persons seeking to preserve any potential legal claims should contact an attorney promptly because Texas has mandatory time periods (“Statute of Limitations”) in which a lawsuit must be filed.

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