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Wrongful death causes of action are controlled by Chapter 71 of the Texas Civil Practice and Remedies Code (CPRC).

Per Sec. 71.004, the surviving spouse, children, and parents of the deceased are the only ones who can bring an action for wrongful death.

If none of the individuals entitled to bring an action have begun the action within three calendar months after the death, then the personal representative of the estate shall bring and prosecute the action unless requested not to by all those individuals.

In most cases, it is advisable to have the wrongful death beneficiaries and the beneficiaries of the estate sign a family settlement agreement prior to taking any action.

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Litigation and judgments, Personal injury, auto accident, slip and fall law, Wrongful death and probate family settlement agreement, fiduciary duty, litigation, probate litigation, wrongful death

There are a number of things that can occur. On the criminal side, Texas Penal Code Sec. 49.08 make such action a second degree felony. The deceased person’s personal representative can also sue the drunk driver for wrongful death and for injuries that the deceased suffered before death.

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Personal injury, auto accident, slip and fall law