Texas Civil Practice And Remedies Code Title 4, Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out Of State

SUBCHAPTER A WRONGFUL DEATH

• Texas Section 71.001 - Definitions
  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)...
• Texas Section 71.002 - Cause Of Action
  (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)...
• Texas Section 71.003 - Application; Certain Conduct Excepted
  (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...
• Texas Section 71.004 - Benefitting From And Bringing Action
  (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...
• Texas Section 71.005 - Evidence Relating To Marital Status
  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...
• Texas Section 71.0055 - Evidence Of Pregnancy
  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...
• Texas Section 71.006 - Effect Of Felonious Act
  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...
• Texas Section 71.007 - Ineffective Agreement
  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...
• Texas Section 71.008 - Death Of Defendant
  (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...
• Texas Section 71.009 - Exemplary Damages
  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...
• Texas Section 71.010 - Award And Apportionment Of Damages
  (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...
• Texas Section 71.011 - Damages Not Subject To Debts
  Damages recovered in an action under this subchapter are not subject to the debts of the deceased. Acts 1985, 69th Leg., ch. 959, Sec. 1,...

SUBCHAPTER B SURVIVAL

• Texas Section 71.012 - Qualification Of Foreign Personal Representative
  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...
• Texas Section 71.021 - Survival Of Cause Of Action
  (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...

SUBCHAPTER C DEATH OR INJURY CAUSED BY ACT OR OMISSION OUT OF STATE

• Texas Section 71.022 - Qualification Of Foreign Personal Representative
  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...

SUBCHAPTER D FORUM NON CONVENIENS

• Texas Section 71.031 - Act Or Omission Out Of State
  (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...
• Texas Section 71.051 - Forum Non Conveniens
  (a) Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 3.09. (b) If a court of this state, on written motion of a party, finds...

Last modified: September 28, 2016