Wrongful death actions (continued)

Under the Wrongful Death Act, a surviving spouse is a statutory beneficiary. A surviving common-law spouse is also considered to be a statutory beneficiary. However, a surviving putative spouse is not considered to be a statutory beneficiary.

Adult or minor children can bring an action for the wrongful death of a parent. Although legally adopted children are considered statutory beneficiaries, a child who was treated by the decedent as an adopted child but without formal adoption proceedings will not be considered as a statutory beneficiary. An adopted child van not sue for the wrongful death of a natural parent whose parental rights were terminated. Since the right to sue for wrongful death is a statutory right and not a right which was inherited from the parent, it is divested from the child at the time of termination of the parental rights. Regardless of the marital status of the parents, a child has a wrongful death cause of action for the death of his biological parents.

Under the Texas Wrongful Death Act, parents of a decedent are statutory beneficiaries. Whether the child was a minor or an adult when the child died does not matter. Since children who have been formally adopted are treated in the same manner as natural children, an adoptive parent may bring an action for the wrongful death of an adopted child. Someone who acted in the place of a parent but without formal adoption proceedings may not sue for wrongful death.

A mother and father have a cause of action for the death of their child because of prenatal injuries if the child was viable when the injuries occurred and was born alive. There is not a wrongful death cause of action for the death of an unborn fetus. However, damages from the death of an unborn fetus may be recovered as elements of the mother’s damages. These damages include medical and funeral expenses for the fetus.

Contact Corpus Christi wrongful death lawyer Scott Nelson if you need assistance with a wrongful death claim or any other personal injury matter.