Texas Civil Practice and Remedies Code Chapter 71 allows certain family members to file a wrongful death claim when a person's death was caused by another's wrongful act, neglect, or default. Texas also has a survival action under Chapter 71.021 where the deceased person's estate can recover damages the deceased could have recovered had they lived.
Under §71.004, only the surviving spouse, children, and parents of the deceased can file a wrongful death claim in Texas. Siblings and other relatives generally cannot file wrongful death, though the estate can file a survival action. The claim must be filed within two years under §16.003.
Texas allows recovery for loss of earning capacity, loss of companionship and society, mental anguish, and loss of inheritance. Funeral expenses can be recovered. Texas does not cap wrongful death damages except in medical malpractice cases under Chapter 74, where non-economic damages are capped at $500,000 total for all claimants.
Wrongful death compensates family members for their losses. Survival action compensates the estate for the deceased's pain, medical expenses, and lost earning before death. Texas allows both to be filed, but they are separate claims with different beneficiaries. Evidence includes death certificate, earning records, and family testimony about relationship.
Two years from death under §16.003. If death was caused by a governmental entity, Texas requires notice within six months under §101.101. Survival action also two years.
No, under §71.004 only spouse, children and parents can file wrongful death. However, the estate can file a survival action, and siblings may be beneficiaries of the estate depending on the will or intestate succession.
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