Texas Civil Practice and Remedies Code Title 4, Chapter 71 serves as the basis for wrongful death and survival lawsuits in Texas. The law states that a wrongful death occurs when the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another. The parents, spouse, children – including adult children and adopted children – and the executor or personal representative of the decedent’s estate are all eligible to file a Texas wrongful death lawsuit.