Wrongful Death: California vs. Texas

In California, wrongful death claims are governed by the California Code of Civil Procedure § 377.60. The law allows for specific individuals, including the deceased's spouse, children, and in some cases, parents and siblings, to file a claim. The purpose of the claim is to seek damages for the loss of the deceased, including economic losses such as lost income and healthcare expenses, as well as non-economic damages such as emotional suffering and loss of companionship. Notably, California does not impose a statutory cap on damages available in wrongful death cases, giving juries wide discretion in evaluating claims.

Under Texas law, wrongful death claims are governed by the Texas Civil Practice and Remedies Code § 71.001. The statute permits only specific relatives of the deceased, such as spouses, children, or parents to file a claim, similar to California, but it also can include adoptive parents and siblings in certain situations. Texas law emphasizes both economic and non-economic damages, but it includes a statutory cap on non-economic damages in medical malpractice cases and allows for punitive damages in cases of gross negligence. This creates a different landscape for damages assessment and cap on potential recovery for the claimants.