In Texas, the wrongful death statute (Tex. Civ. Prac. & Rem. Code §§ 71.001-71.051) allows a plaintiff to file a wrongful death lawsuit when the deceased’s death was caused by a 'wrongful act, neglect, carelessness, unskillfulness, or default.' Under this law, Plaintiffs may be able to recover damages if they can prove that their loved one's death occurred as a result of negligence. 2. The Claim Should Be Brought by a 'Personal Representative' of the Deceased.