Rule 159.Suit for Injuries Resulting in Death

Last verified June 28, 2026

In one sentenceRule 159 keeps a wrongful-death suit from abating when either party dies, substituting a beneficiary for a sole deceased plaintiff or the deceased defendant's representative or heir.

Full Text of Rule 159

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In cases arising under the provisions of the title relating to injuries resulting in death, the suit shall not abate by the death of either party pending the suit, but in such case, if the plaintiff dies, where there is only one plaintiff, some one or more of the parties entitled to the money recovered may be substituted and the suit prosecuted to judgment in the name of such party or parties, for the benefit of the person entitled; if the defendant dies, his executor, administrator or heir may be made a party, and the suit prosecuted to judgment.

End

Plain-English Summary

Rule 159 keeps a death-injury case alive through a party's death. In suits under the law on injuries resulting in death, the suit does not abate when either party dies while it is pending. If the sole plaintiff dies, one or more of the parties entitled to the recovery may be substituted and the suit prosecuted to judgment for the benefit of the person entitled. If the defendant dies, the executor, administrator, or heir may be made a party and the suit prosecuted to judgment.

Frequently Asked Questions

Does a Texas wrongful-death suit abate if a party dies?

No. Under Rule 159, the suit does not abate; a beneficiary is substituted for a deceased sole plaintiff, or the deceased defendant's representative or heir is brought in.

Does Rule 159 apply when the wrongful-death plaintiff dies and there were other plaintiffs?

Rule 159 addresses the death of a sole plaintiff. Where there are other plaintiffs, Rule 155 lets the suit proceed for the survivors on a suggestion of death.

Who benefits from a wrongful-death judgment prosecuted by a substituted party under Rule 159?

The substituted party prosecutes the suit under Rule 159 in his or her own name, but the recovery is for the benefit of whoever is entitled to it, which may not be the same person carrying the suit forward.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 159), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: suit for injuries resulting in deathwrongful deathsurvivalabatementTRCP 159