Wrongful death in Texas

Elements

1. 1

   Death

   A person died.

2. 2

   Wrongful act

   The death was caused by a wrongful act, neglect, or default that would have supported a claim by the decedent if they had lived.

3. 3

   Survivors

   The claim is brought by a statutory beneficiary or personal representative, not just anyone who is sad about it.

4. 4

   Damages

   The statute lists what can be recovered: typically loss of support, services, companionship. Punitive damages are jurisdiction-specific.

Burden of proof

Preponderance of the evidence. The underlying tort (often negligence) still has to be proven.

A Texas fact pattern

A West Texas oilfield contractor dies after a wellhead failure. Wrongful-death beneficiaries are listed by statute. Survival and wrongful-death are separate actions.