In Texas wrongful death cases, modified comparative negligence plays a crucial role in determining compensation for surviving family members. Under this system, multiple parties can share fault for a fatal accident, with each party's degree of responsibility directly affecting potential recovery. Texas follows the 51% bar rule, meaning family members can only recover damages if their loved one was 50% or less at fault for the accident. The compensation amount is then reduced by their percentage of fault. This principle applies across various accident types, including vehicle collisions, workplace incidents, and premises liability cases. Understanding modified comparative negligence is essential for New Braunfels families pursuing wrongful death claims, as it affects both liability determination and potential settlement amounts.

Legal Rights and Considerations

Texas Civil Practice and Remedies Code Chapter 71 governs wrongful death claims, with a two-year statute of limitations from the date of death. Surviving spouses, children, and parents can pursue claims for lost financial support, emotional suffering, and loss of companionship. Texas requires auto liability insurance minimums of $30,000 per injured person and $60,000 per accident, though wrongful death cases often involve larger policy limits or multiple insurance sources. Comparative negligence calculations must be supported by clear evidence, and damages can include both economic losses (lost income, funeral expenses) and non-economic damages (mental anguish, loss of consortium). An experienced New Braunfels wrongful death lawyer will handle all aspects of the legal claim.

Click the links below to learn more about how an experienced lawyer helps with wrongful death claims related to fatal accidents and injuries of all types, including:

• New Braunfels car accident attorney;
• New Braunfels pedestrian accident attorney;
• New Braunfels motorcycle accident lawyer;
• New Braunfels truck accident lawyer;
• New Braunfels brain injury lawyer;
• New Braunfels spine injury attorney;

Related Resources

Local Courts:

• Comal County District Court
• New Braunfels Municipal Court

Support Services:

• Texas Crime Victims' Compensation Program
• Parents Against Wrongful Death
• New Braunfels Grief Support Groups

Legal References:

• Texas Transportation Code
• Texas Civil Practice and Remedies Code
• Texas Department of Insurance Regulations

Return to the New Braunfels wrongful death information page