In Texas, to file a wrongful death lawsuit you must prove the legal elements of a wrongful death claim to recover compensation for damages.
Before discussing the legal elements of a claim, let's understand what Texas considers wrongful death.
In Texas, the wrongful death statutes states that you can hold a person liable for damages when they cause a family member’s death because of:
-Failure to fulfill an obligation (default)
What Is "Wrongful Death" in Texas?
In Texas, a "wrongful death" occurs when:
-an injury causes a person's death or a fetus's failure to be born alive
-the injury is caused by another person's or entity's "wrongful act, neglect, carelessness, unskillfulness, or default"
-the injured person would have been entitled to file a personal injury lawsuit had he or she lived or been born alive
It can be useful to think of a wrongful death claim as a type of personal injury claim in which the injured person is no longer able to bring the claim on his or her own behalf. As with personal injury claims in general, many types of events can be the basis for a wrongful death lawsuit, including:
negligence-based incidents (such as car accidents)
medical malpractice, or
intentional acts (including crimes).