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Tex. Civ. Prac. & Rem. Code § 71.004

BENEFITTING FROM AND BRINGING ACTION

Applied in 75 court decisions — leading case Baker v. Putnal (1996)

Most recently applied in 2021 Ark. App. 326 - In the Matter of the Estate of David P. Shockley, Tammy Davis and Alice Barclay v. Glenda Bassett (September 2021)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

1986199020002010202150
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.

(b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.

(c) If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.