Texas Wrongful Death & Survival Action Law: CPRC Chapter 71 Beneficiaries, Damages & Exemplary Rules

Overview of Texas Law & Liability Framework

When negligence causes a death in Texas, Texas Civil Practice and Remedies Code Chapter 71 creates two distinct, parallel legal causes of action that are tried together: (1) a Wrongful Death Action belonging exclusively to the statutory family beneficiaries (§ 71.004), and (2) a Survival Action belonging to the decedent's estate (§ 71.021).

Key Texas Statutory Rules & Liability Standards

• Exclusive Statutory Wrongful Death Beneficiaries (CPRC § 71.004): In Texas, ONLY the surviving spouse, the children (biological or legally adopted, adult or minor), and the parents of the deceased may bring a Wrongful Death claim. Siblings (brothers and sisters), grandparents, stepchildren (not legally adopted), and unmarried partners CANNOT recover under the Texas Wrongful Death Act!
• 3-Month Filing Rule (§ 71.004(b)–(c)): Any one or more of the surviving spouse, children, or parents may file the Wrongful Death action for the benefit of all. If none of those beneficiaries have filed suit within 3 calendar months after the death, the executor or administrator of the estate shall bring and prosecute the action unless requested not to by all statutory beneficiaries.
• Wrongful Death vs. Survival Action Damages: The Wrongful Death claim (§ 71.002) compensates the surviving spouse, children, and parents for their own pecuniary loss (lost financial support/services), mental anguish, loss of companionship and society (Sanchez v. Schindler), and loss of inheritance. The Survival Action (§ 71.021) recovers what the decedent personally suffered between the moment of injury and the moment of death: conscious physical pain and mental anguish prior to death, emergency medical bills, and funeral/burial expenses.
• Constitutional Right to Exemplary Damages for Gross Negligence (Tex. Const. art. XVI, § 26 & CPRC § 71.009): Under Article XVI, Section 26 of the Texas Constitution (and Tex. Lab. Code § 408.001(b)), even if a worker was covered by Texas Workers' Compensation and the employer is otherwise immune from ordinary negligence, the surviving spouse and heirs of the body have a constitutional right to sue the employer for exemplary (punitive) damages if the death was caused by the employer's gross negligence or intentional act!

Texas Court Procedure, Crash Reporting & Evidentiary Deadlines

Note that under CPRC § 71.003(a), the Texas Wrongful Death Act also explicitly covers the death of an 'individual,' which § 71.001(4) defines to include an unborn child at every stage of gestation from fertilization until birth (subject to medical/maternal exceptions in § 71.003(c)).

Compensatory & Exemplary Damages Available Under Texas Law

Wrongful Death: Pecuniary loss, loss of companionship and society, mental anguish of beneficiaries, loss of inheritance, and exemplary damages (§ 71.009). Survival Action: Decedent's pre-death conscious pain and mental anguish, medical bills (§ 41.0105), and funeral/burial costs.