Filing a wrongful death lawsuit requires ensuring that you can legally do so under the law. Wrongful death laws can sometimes restrict the situations in which and people who you can sue. It helps to be familiar with the Texas statute so that you can properly assess your case.
The Texas Constitution and Statutes states that wrongful death occurs when someone acts in a negligent or careless way and it results in the death of an innocent person. Such situations may occur in a variety of ways, such as a car accident, amusement park accident or medical error.
You can sue someone for wrongful death if that person has control, owns or acts at the direction of an owner or manager of a vehicle or other equipment that causes the death. For example, the owner of a steamboat would be liable for a death on the steamboat. Another example is when an employee is acting on the direction of the owner of a property and a death occurs as a result, then the owner is responsible.
Death of an unborn child
You can bring a wrongful death lawsuit for the death of your unborn child, which Texas law states including an unborn child at any stage of gestation. Some states only permit such a claim for pregnancies in the later stages.
You should note that the wrongful death statute does not allow you to bring a case if the death was due to a lawful medical procedure performed with consent. You also cannot sue the mother or any doctor or healthcare professional who is operating with consent and under the law.