| 1100 N.W. Loop 410, Suite 365 San Antonio, Texas 78213 Tel. (210) 979-9777 Fax. (210) 979-9774 |
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TEXAS WRONGFUL DEATH STATUTE
A wrongful death has occurred when a person is killed due to the negligence or other liability of a person or
entity. Surviving beneficiaries and dependents are entitled to monetary damages in instances of wrongful
death.The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death
Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil
Practice and Remedies Code.The Act provides the exclusive remedy for wrongful death in Texas,
compensating the decedent's spouse, parents, and children for the losses they sustained as a result of the
decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).
A wrongful death action is separate and distinct from a survival action, where the individual's cause of action
for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate.
See Tex. Civ. Prac. & Rem. Code Ann. §71.021."A person is liable for damages arising from an injury that
causes an individual's death if the injury was caused by the person/agents or servant's wrongful act, neglect,
carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).Suit may be brought
under the Act "only if the individual injured would have been entitled to bring an action for the injury if he
had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful
death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are
defenses to plaintiff's wrongful death claim.
The basic elements of a wrongful death claim are:
Death caused, in whole or in part, by the conduct of another person or entity.
Person or entity was negligent, or strictly liable, for victim's death
There are surviving beneficiaries or dependents
Monetary damages have resulted from individuals death.
The wrongful death action is subject to all the conditions to which decedent's action would have been subject
had he or she only been injured. If a defendant to a wrongful death action dies while the suit is pending, or if
an individual against whom an action could be instituted dies before the suit is filed, the individual's executor
or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).The
surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If
named beneficiaries do not bring an action within three (3) months of the death of the injured party, the
executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed
not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).A wrongful death cause
of action accrues at death, if it exists at all, 2 years from death.The two-year statute of limitations is absolute
from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions.
In death cases raising limitations issues in medical malpractice claims, the courts have determined that, as
between the statute of limitations for death claims, §16.003(b) of the Tex. Civ. Prac. & Rem. Code Ann., and
the statute of limitations set forth in § 74.251. for health care liability claims, the latter applied.
If your love one has been killed due to the negligence of others, please give us a call (210) 979-9777 or visit
our websites: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com for a
free initial consultation. Because we care about your legal needs!
entity. Surviving beneficiaries and dependents are entitled to monetary damages in instances of wrongful
death.The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death
Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil
Practice and Remedies Code.The Act provides the exclusive remedy for wrongful death in Texas,
compensating the decedent's spouse, parents, and children for the losses they sustained as a result of the
decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).
A wrongful death action is separate and distinct from a survival action, where the individual's cause of action
for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate.
See Tex. Civ. Prac. & Rem. Code Ann. §71.021."A person is liable for damages arising from an injury that
causes an individual's death if the injury was caused by the person/agents or servant's wrongful act, neglect,
carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).Suit may be brought
under the Act "only if the individual injured would have been entitled to bring an action for the injury if he
had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful
death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are
defenses to plaintiff's wrongful death claim.
The basic elements of a wrongful death claim are:
Death caused, in whole or in part, by the conduct of another person or entity.
Person or entity was negligent, or strictly liable, for victim's death
There are surviving beneficiaries or dependents
Monetary damages have resulted from individuals death.
The wrongful death action is subject to all the conditions to which decedent's action would have been subject
had he or she only been injured. If a defendant to a wrongful death action dies while the suit is pending, or if
an individual against whom an action could be instituted dies before the suit is filed, the individual's executor
or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).The
surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If
named beneficiaries do not bring an action within three (3) months of the death of the injured party, the
executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed
not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).A wrongful death cause
of action accrues at death, if it exists at all, 2 years from death.The two-year statute of limitations is absolute
from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions.
In death cases raising limitations issues in medical malpractice claims, the courts have determined that, as
between the statute of limitations for death claims, §16.003(b) of the Tex. Civ. Prac. & Rem. Code Ann., and
the statute of limitations set forth in § 74.251. for health care liability claims, the latter applied.
If your love one has been killed due to the negligence of others, please give us a call (210) 979-9777 or visit
our websites: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com for a
free initial consultation. Because we care about your legal needs!
THE BAEZ LAW FIRM, P.C.
"We Care About Your Legal Needs"
"We Care About Your Legal Needs"
| We Are Professionals That Care About Your Legal Needs! |
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| This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. |
Not certified by the Texas Board of Legal Specialization.
Copyright © 2008 The Báez Law Firm, P.C. All Rights Reserved!
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