What is Wrongful Death in Texas?
Herrman & Herrman talk about the situations when Wrongful Death applies, and how to handle your steps to a successful case.
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Greg: Wrongful death in Texas is a statutory cause of action.
Greg: What does a “Statutory Cause of Action,” mean?
Greg: The state of Texas incorporated legislature that passed a law saying, Greg: “You can sue under this statute under common law.”
Greg: Because you cannot recover someone who has died, the wrongful death statute says you can recover for the person who has passed, and it lays out the people who can sue for recovery.
Greg: For example, the surviving spouse, the children, or the parents of the person who's deceased.
Greg: How is the Wrongful Death Statue Understood?
Greg: In the state of Texas, if your loved one has died, that would be considered the death, and to qualify for wrongful death, it has to be wrongful...meaning somebody has to have negligently caused the injury which led to the death.