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What is Wrongful Death?

Wrongful death in Texas is a statutory cause of action meaning that the legislature passed a law saying that you can sue under this statute.

Under common law, you couldn’t recover if somebody died. The wrongful death statute says you can recover under it, and it lays out the people who can recover. That would be the surviving spouse, the children and the parents of the person who is deceased – that would be the death and then of course it has to be wrongful meaning somebody has to have negligently caused the injury which led to the death, or negligently caused the death of, and that’s what’s considered a wrongful death in Texas.