What is a wrongful death statute?

Under Texas law, a wrongful death claim arises when someone dies as a result of another person's negligence, intentional conduct, or violation of statute. In dog bite cases, a wrongful death statute applies when a fatal mauling occurs due to an owner's failure to restrain, control, or secure a dangerous animal. The statute provides a legal remedy for surviving family members who lose a loved one under such circumstances.

Texas law defines specific beneficiaries who may pursue wrongful death claims: the surviving spouse, children, and parents of the deceased. In some cases, if the deceased had no spouse or children, parents may recover. If none of these relatives exist, the estate itself may pursue damages on behalf of the deceased's other heirs.

Recoverable damages under a wrongful death claim typically include medical and funeral expenses incurred before death, lost wages and earning capacity the deceased would have provided to the family, loss of companionship and guidance, and in some cases, mental anguish suffered by survivors. The measure of damages aims to compensate beneficiaries for the economic and non-economic losses caused by the death.

Fatal dog attacks represent a serious category of wrongful death claims. Liability may attach to the dog owner, property owner, or handler if they knew or should have known the dog posed a danger and failed to prevent the attack. Wrongful death attorneys in Texas handle these cases to help bereaved families recover damages and establish accountability.