§ 71.006.Effect of Felonious Act

A short provision removing an argument that would otherwise have real force.

An action under this subchapter is not precluded because the death is caused by a felonious act, or because there may be a criminal proceeding in relation to the felony.

The rule it displaces is an old one. At common law a civil claim arising from a felony was suspended until the criminal matter was resolved — the felony merger doctrine — on the theory that the public wrong should be dealt with before the private one.

Applied to wrongful death that would be perverse. The most serious deaths are the ones caused by crimes, and a rule delaying those claims would penalise exactly the families with the strongest case.

The section covers both halves of the problem. The felonious character of the act does not bar the claim, and the possibility of a prosecution does not require the civil case to wait.

No conviction is required, and none is needed. The civil claim is decided on the civil standard, so an acquittal — which means the state failed to prove the case beyond reasonable doubt — leaves the wrongful death claim untouched.

In practice a civil case is often abated while a prosecution runs, usually because the defendant would otherwise face a choice between defending the civil case and their privilege against self-incrimination. That is a case-management decision, not a bar, and it is what this section leaves room for.

Note the neighbouring provision running the other way: a person who is convicted of causing the death cannot benefit from the action.