The Differences Between Texas And Maritime Law Wrongful Death And Survival Damages

This article was originally published by the Texas Association of Defense Counsel (TADC) for its 2026 Spring magazine. You can read the full version of the publication here.

The legal remedies provided to family members who survive a person who died as the result of negligence or wrongful acts can vary and are often dependent on the circumstances surrounding the death. In Texas, the survival and wrongful death claim framework is well established and is likely more familiar, at least conceptually. But when the deceased was a seaman or died on navigable water, a different body of law may apply entirely—one with its own rules about who can recover, what they can recover, and how much. This article analyzes the differences between the wrongful death and survival damages available under Texas law and those available pursuant to federal maritime law—specifically the Jones Act, the Death on the High Seas Act (“DOHSA”), and general maritime law.