Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Texas, wrongful death claims are governed by the Texas Wrongful Death Act, which can be found in Chapters 71 of the Texas Civil Practice and Remedies Code. This statute allows the surviving spouse, children, and parents of the deceased to file a lawsuit seeking monetary damages for their loss. If these relatives do not file the claim within three months of the death, the executor or administrator of the deceased's estate may file the claim instead, unless a surviving family member specifically requests that no such action be taken. Damages that may be recovered include loss of financial support, love, care, companionship, and emotional distress. The damages are distributed among the surviving family members in proportion to the injury they suffered as a result of the death. In Texas, wrongful death claims must be filed within two years of the deceased person's death, which is the statute of limitations for these cases. It's important to note that these claims are separate from any criminal charges that might be associated with the death, and they are intended to compensate the family, not to punish the wrongdoer.
