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Does every state have identical laws regarding filing a wrongful death claim?

No, not every state in the nation has the same laws regarding wrongful death. Each one has chosen to create their own set of rules and regulations. These laws will differ from jurisdiction to jurisdiction.

For example, states will have different statutes of limitations or a time period within which to file a claim. Or, states will have different thresholds placed on the amount of monetary damages available for recovery.

States will also have rules on what types of damages are available for plaintiffs to recover. In some states, the plaintiff may also recover for the loss of companionship and medical and funeral expenses.

In Texas according to Texas CIV PRAC & REM Code §71.00, the surviving spouse, children and parents of the deceased can file wrongful death claims individually, or together in a group claim. If all beneficiaries are adults and are agreeable, they can determine the distribution of the settlement.

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