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Texas Civil Practice & Remedies Code - Chapter 71 Wrongful Death; Survival; Injuries Occurring Out Of StateLegal Research Home > Texas Lawyer > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Chapter 71 Wrongful Death; Survival; Injuries Occurring Out Of State In this subchapter: (1) "Corporation" means a municipal, private, public, or quasi-public corporation other than a county or a common or independent school district. (2) ... (a) An action for actual damages arising from an injury that causes an individual's death may be brought if liability exists under this section. (b) ... (a) This subchapter applies only if the individual injured would have been entitled to bring an action for the injury if the individual had lived ... (a) An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the ... In an action under this subchapter, evidence of the actual ceremonial remarriage of the surviving spouse is admissible, if it is true, but the defense ... In an action under this subchapter for the death of an individual who is an unborn child, the plaintiff shall provide medical or other evidence ... An action under this subchapter is not precluded because the death is caused by a felonious act or because there may be a criminal proceeding ... An agreement between the owner of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial ... (a) If a defendant dies while an action under this subchapter is pending or if the individual against whom the action may have been instituted ... When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be ... (a) The jury may award damages in an amount proportionate to the injury resulting from the death. (b) The damages awarded shall be divided, in ... Damages recovered in an action under this subchapter are not subject to the debts of the deceased. Acts 1985, 69th Leg., ch. 959, § 1, ... If the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter, the foreign personal representative ... (a) A cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death ... If the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter, the foreign personal representative ... (a) An action for damages for the death or personal injury of a citizen of this state, of the United States, or of a foreign ... (a) Repealed by Acts 2003, 78th Leg., ch. 204, § 3.09. (b) If a court of this state, on written motion of a party, finds ... Last modified: August 10, 2007 |