Understanding Damages in a Texas Wrongful Death Claim

A wrongful death claim is a civil lawsuit brought by the family or estate of a person who has died due to the wrongful actions or negligence of another party. This is a complex area of law, and the specifics vary by jurisdiction. Regarding wrongful death claims in Texas, the Civil Practice and Remedies Code Section 71.001-71.012 governs who can bring these claims and what types of damages they may pursue. The surviving spouse, children, and parents of the deceased are typically the ones entitled to bring a wrongful death action. The law allows these surviving family members to recover legal damages for their loss.

What Damages Can I Recover a Wrongful Death Lawsuit?

Losing a loved one is one of the most devastating experiences anyone can face. When that loss is the result of another’s negligence or intentional wrongdoing, the grief is often compounded by feelings of injustice. If you find yourself in this unfortunate situation,  you might be eligible to file a wrongful death lawsuit. This legal action seeks to provide monetary relief to help offset the financial impact and emotional toll the incident has caused. Most types of damages that can be recovered in a wrongful death lawsuit are categorized broadly into economic and non-economic damages.

Economic Damages

Economic damages in a wrongful death lawsuit are quantifiable costs that can be documented. Examples of economic losses include:

1. Funeral and Burial Costs: The costs associated with laying a loved one to rest can be substantial. A wrongful death claim can seek to recover these expenses.

2. Loss of household income, services, support, advice, and maintenance: The value of the financial benefits the deceased would have provided to their surviving family if they had lived a full life.

Non-Economic Damages

Unlike economic damages, non-economic damages are intangible and more difficult to quantify. They aim to provide compensation for the emotional and mental suffering of a surviving family. Examples of non-economic damages include Loss of love, Companionship, Comfort, Society, and Mental Anguish: This provides compensation for the survivors’ emotional pain and suffering caused by the loss of the deceased’s love and companionship.

Exemplary Damages

In some wrongful death cases, there might be a third category of damages available, known as exemplary or punitive damages. These damages are awarded not to compensate the family but to punish the wrongdoer for gross negligence or a willful act or omission and to deter similar conduct in the future.

Factors Influencing Wrongful Death Damage Awards

Several factors can influence the amount of damages awarded in a Texas wrongful death case. As experienced wrongful death attorneys, we consider these factors carefully when building a case:

1. The age and life expectancy of the deceased
2. The deceased’s earning capacity and financial contributions to the family
3. The nature of the relationship between the deceased and the surviving family members
4. The circumstances surrounding the death, including the degree of negligence involved
5. The financial and emotional impact on the surviving family members

Each wrongful death case is unique, and the evaluation process requires a thorough understanding of these factors and how they apply to the specific circumstances of the case.