What Damages Can You Recover in a Texas Wrongful Death Case?

Losing a loved one because of someone else’s negligence can leave a family facing more than grief. Medical bills, funeral expenses, lost income, and other financial pressures can build up, adding to an already difficult time.

In Texas, certain family members can seek compensation for these losses by filing a wrongful death lawsuit. However, what you can recover will vary depending on the circumstances of the death, the facts of your case, and what your attorney can prove.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action that can be filed when a person dies due to another person’s negligence or reckless behavior.

Wrongful death cases can arise from all from of accidents and negligence, including:     

• Car accidents
• Truck accidents
• Aviation accidents
• Pedestrian accidents
• Workplace accidents
• Medical malpractice
• Premises liability
• Defective product

The goal is to compensate surviving family members for losses related to their loved one’s death.

What Damages Are Available in a Wrongful Death Case?

Damages in a Texas wrongful death case can include both economic and non-economic damages; however, the damages sought in your case will depending on factors like the circumstances of your loved one’s death and your relationship with the deceased.

With that, here are some examples of what the wrongful death attorneys at Thomas J. Henry may seek.

1. Loss of Financial Support

If your loved one provided income or some other form of financial support to you or your family, you may be able to seek compensation for the loss of that financial support.

Factors that may affect the amount up for recovery include:

• The decedent’s age
• Their income and earning history
• Their occupation
• Their expected future earnings
• Their contributions to the household
• Their life expectancy

For example, the wrongful death of a parent who was the primary income earner for a family will create significant long-term financial consequences for both their spouse and children.

2. Loss of Inheritance

In some instances, a wrongful death claim may include the loss of inheritance that a surviving family member may have received had their loved one lived.

This can go beyond the money the deceased person had already accumulated. Depending on the circumstance, an earnings analysis may demonstrate that the deceased would likely have saved and left their heirs more money than what they had at the time of their death.

3. Medical and Funeral Expenses

Families face significant expenses following a loved one’s fatal injury or accident. From medical treatment to emergency transportation to funeral and burial expenses, the costs of a fatal accident can quickly add up.

If your loved one’s death was caused by someone else’s negligence, a wrongful death lawsuit will demand they be held liable for the resulting medical and funeral costs.

4. Loss of Companionship

Not every loss comes with an invoice or receipt.

Texas law recognizes the loss of the relationship between the deceased and surviving family members is seen as a non-economic damage. As such, a plaintiff may seek compensation for the loss of love, comfort, guidance, and emotional support the deceased provided.

5. Mental Anguish

Losing a loved one can cause profound emotional suffering.

Surviving family members may be able to recover damages for the mental anguish they experienced from a wrongful death. These damages address emotional pain, distress, and grief caused by the loss.

Unlike medical expenses, mental anguish does not have a fixed dollar amount. You will need a reputable wrongful death attorney who can help evaluate and argue the dollar amount associated with your emotional suffering.

6. Loss of Household Services

Household contributions and responsibilities do come with a paycheck, but that does not mean they are without value.

Loss of household services looks at services your loved one provided at home. Think of childcare, transportation, and home maintenance. When those contributions are no longer available, they fall on surviving family members or hired professionals to provide.

The loss of those services may be considered when determining wrongful death damages.

Can You Receive Punitive Damages in a Texas Wrongful Death Case?

Yes. In some cases, punitive damages may be available.

Punitive damages are different from standard compensatory damage. While compensatory damages try to compensate a family for its losses, punitive damages are meant to punish particularly egregious conduct and deter similar conduct in the future.

For punitive damages to be awarded, your attorney will need to demonstrate serious misconduct, like malice or gross negligence.

How Are Wrongful Death Damages Calculated?

There is no standard settlement or verdict amount for a Texas wrongful death claim. The value of each case is determined individually and is based off the unique factors of that claim.

Some factors that can affect the value of a wrongful claim are:

• The deceased person’s age and health
• Income and earning potential
• The deceased’s relationship with the plaintiff
• The financial contributions made to the household
• The services they provided to their family
• The circumstances surrounding the death
• The extent of the surviving family’s financial losses
• The emotional impact of the loss
• Whether punitive damages are available
• The strength of the evidence establishing liability and loss

This is why it is essential that you hire an experienced wrongful death attorney. An attorney can evaluate the specific circumstances of your loved one’s death, determine which damages may be available under Texas law, gather evidence to support your claim, and fight to ensure you and your family receive the full compensation you may be entitled to recover.

Hire an Experienced Texas Wrongful Death Attorney

If you have lost a loved one due to the negligence of an individual, company, or other entity, contact Thomas J. Henry Law. At Thomas J. Henry Law, our expertise is personal injury and wrongful death in Texas. We focus solely on personal injury matters so that we can achieve the maximum recovery for you and your family. Our firm has the resources to take care of you and your family during this difficult legal process.

Our experienced Texas wrongful death lawyers dedicate themselves to each and every client and their unique case. Let us help you get the compensation you deserve for the emotional injuries you have sustained. Our firm has offices in Corpus Christi, San Antonio, Dallas, Austin, and Houston serving clients across Texas and nationwide. Call now to speak to a wrongful death lawyer near you for a free legal consultation today.