Texas Civil Practice & Remedies Code § 71.002 – Right to Bring a Wrongful Death Claim
Table of Contents
Statutory Text:
§ 71.002(a) – A cause of action for wrongful death exists when an individual’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another.
§ 71.002(b) – The right to bring the action exists even if the event could have resulted in a personal injury claim had the person lived.
What Is the Texas Punitive Damages Cap?
Section 71.002 creates a civil cause of action for certain surviving family members to sue when a person dies due to another’s:
Negligence
Intentional act
Medical error
Product defect
Unlawful conduct
This right exists independently of any criminal charges that might also apply.
Who Can File a Wrongful Death Claim in Texas?
The law allows specific close relatives to file:
Spouse
Children
Parents
These individuals may sue individually or jointly, and if none file within three months, the executor or administrator of the estate may bring the claim (unless specifically requested not to).
Example Scenario
A drunk driver runs a red light and kills another driver.
The deceased’s spouse and children may bring a wrongful death action under § 71.002, even if criminal charges are also filed.
Key Elements of a Wrongful Death Case
To succeed under § 71.002, the plaintiff must show:
A death occurred
It was caused by another’s wrongful act or negligence
The claimant is a qualified survivor
Actual damages resulted from the death (e.g., lost financial support, companionship, emotional pain)
What Damages Are Available?
Recoverable damages in a wrongful death action include:
Lost earning capacity
Loss of companionship and society
Mental anguish
Loss of inheritance
Funeral and burial expenses (sometimes)
Exemplary (punitive) damages may also be awarded under certain conditions.
Related Statutes
§ 71.004 – Parties Eligible to Bring a Claim
§ 71.021 – Survival Statute
§ 74.301 – Medical Liability Damage Caps
Texas Case Law Interpreting § 71.002
Court held that wrongful death and survival actions are distinct, and § 71.002 creates a new cause of action for surviving relatives.
Reiterated that plaintiffs must prove a direct causal connection between the defendant’s conduct and the decedent’s death to proceed under § 71.002.
Frequently Asked Questions About § 71.002
Houston Personal Injury Lawyer - Joel A. Gordon
A wrongful death is any death caused by another’s negligence, recklessness, or wrongful act, including medical malpractice, auto accidents, and criminal conduct.
The spouse, children, or parents of the deceased may file individually or together.
Yes, the estate’s representative may bring the claim if qualified relatives do not act within three months unless requested not to.
They may be limited in medical malpractice cases under § 74.301, but not in general negligence or auto accident cases.