Is a Texas wrongful death claim different from a wrongful death claim filed in New Mexico or another state?

Yes, a Texas wrongful death claim is different from a wrongful death claim filed in another state. This type of claim is based on a civil wrong that caused the death of someone. Wrongful death is a cause of action brought when a person or entity wrongfully causes the death of another.

Every state in the United States has its own wrongful death claim laws. And even though each state’s law may be different, the origin of most such laws are traceable back to Lord Campbell’s Act (1846), passed by the United Kingdom. In some states, the deceased’s family has to bring two different kinds of claims — a survival claim and a wrongful death claim. A survival claim aims to recover funeral and burial expenses, punitive damages and pain and suffering, and other claims that might belong to the deceased’s estate.

Although some of the wrongful death laws may be similar or the same in some states, others may vary widely, so it is important to know the law in your state. This means that in order to file a wrongful death lawsuit in Texas, you need to speak to a competent wrongful death attorney who can walk you through the process to claim compensation for your loss.

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