The Texas Wrongful Death Act

Dallas-based Hardison Law Firm was founded by Adam Hardison. Hardison Law Firm focuses on casework related to personal injury, auto accident, and wrongful death.

In 1860, the Texas legislature approved the Texas Wrongful Death Act, which aims to assist families with recovery following an accident that resulted in the loss of a loved one. Specifically, the act gives family members, namely a parent, spouse, or child, the ability to sue another party for losses incurred as a result of a fatal incident. Losses include economic damages, such as the inability to work and make money while attending to legal affairs related to the case, and emotional damages.

Under the law, the prosecuting party must be able to prove negligence or other liabilities that caused the death. In order to file a wrongful death claim, it must be established that the death was caused by another party, that the defendant was responsible for the victim’s death, that the victim has surviving beneficiaries or dependents, and that monetary losses were incurred as a result of the incident. A wrongful death claim must be filed within two years of the death to be valid.

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