Texas Wrongful Death Lawsuit: What Damages Can Be Claimed

Texas Wrongful Death Lawsuit: What Damages Can Be Claimed

Losing a loved one due to someone else’s negligence is devastating. In Texas, wrongful death damages include economic losses like medical expenses, funeral costs, and lost income, as well as non-economic losses such as pain, suffering, mental anguish, and loss of companionship. Exemplary damages may also be awarded in cases of egregious misconduct to punish the wrongdoer and prevent future negligence.

This guide will explain the types of compensation available and how an experienced attorney can help. Our personal injury attorneys in Longview, Texas, we understand the emotional and financial toll such a loss takes, and we’re here to fight for the justice your family deserves.

What Is a Wrongful Death?

A wrongful death occurs when a person’s life is lost as a result of another party’s negligence, recklessness, or intentional wrongdoing. According to Cornell Law, wrongful death claims are civil lawsuits that allow surviving family members to recover damages for the losses caused by their loved one’s death. These claims differ from criminal cases in that their goal is not to punish the offender but to provide financial relief and justice to the victim’s family.

Types of Damages in Texas Wrongful Death Lawsuits

When filing a wrongful death lawsuit in Texas, you may be eligible to recover various damages. These damages are intended to address both the financial and emotional hardships suffered by surviving family members. The compensation can be categorized into three primary types:

Loss of Household Income and Support

The sudden loss of a loved one can disrupt a family’s financial stability. Compensation for lost income and financial support aims to replace the wages, benefits, and services the deceased would have contributed to their family. This includes:

• Future earning potential.
• Employer-sponsored benefits, such as health insurance or pensions.

Mental Distress and Loss of Companionship

Losing a family member also means losing the intangible aspects of their presence. Families may claim damages for the emotional suffering caused by their loved one’s absence, often referred to as “pain and suffering.” Additionally, surviving spouses, children, and parents may recover compensation for losing companionship, love, and guidance.

Loss of Inheritance

In Texas, families can also seek compensation for the loss of inheritance. This refers to the financial legacy the deceased could have reasonably been expected to leave behind if their life had not been cut short.

Compensatory Damages in Wrongful Death Lawsuits

Compensatory damages encompass economic damages (tangible financial losses) and non-economic damages (intangible personal losses). Below, we explore these categories in more detail:

Economic Damages

These address the measurable financial consequences of a wrongful death and include:

• Medical Expenses: Costs incurred for the deceased’s treatment before their passing.
• Funeral and Burial Costs: Reasonable expenses for laying the loved one to rest.
• Lost Wages and Benefits: The deceased would have earned income and perks if they were still alive.

Non-Economic Damages

Non-economic damages, though harder to quantify, are equally critical. They include compensation for:

• Emotional Distress: The mental suffering and grief experienced by surviving family members.
• Loss of Companionship: The deprivation of love, support, and guidance from the deceased.

Exemplary or Punitive Damages

In some instances, Texas courts may award exemplary damages (also known as punitive damages) in addition to compensatory damages. These are reserved for cases where the responsible party’s actions were particularly egregious or willfully negligent. While punitive damages are not intended to compensate the family, they serve as a deterrent to prevent similar behavior in the future.

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Eligibility to File a Wrongful Death Claim in Texas

Wrongful death lawsuits in Texas are governed by the Texas Civil Practice and Remedies Code Section 71.002. This statute defines who can bring a claim and what damages may be pursued.

Who May File a Texas Wrongful Death Claim?

Not all family members are eligible to file a wrongful death claim. The following individuals are typically allowed to pursue compensation:

1. The deceased person’s spouse (including common-law spouses).
2. Children of the deceased, including legally adopted children.
3. Parents of the deceased.

If none of the above parties file a claim within three months of the death, the executor or administrator of the deceased’s estate may bring the claim on behalf of the family. Nevertheless, this action may not proceed if surviving family members specifically object.

Distribution of Compensation in Texas Wrongful Death Claims

Texas law ensures that compensation in wrongful death lawsuits is distributed equitably among surviving family members. Courts typically consider the relationship between the deceased and their family members when determining how damages will be allocated. For example, a spouse may receive a larger share of damages for loss of companionship, while children might be awarded compensation for loss of guidance and inheritance.

How Attorneys Strengthen Wrongful Death Claims

A skilled attorney plays a vital role in building a solid wrongful death case and ensuring families receive fair compensation for their loss. The legal process involves many steps that require expertise, resources, and attention to detail. As Justia outlined, wrongful death attorneys help families recover damages by addressing both the financial and emotional aspects of their loss. Here are fundamental ways attorneys strengthen wrongful death claims:

• Comprehensive Evidence Collection: Attorneys gather all necessary evidence, such as medical records, autopsy reports, accident reconstructions, police reports, and witness statements. This ensures every detail of the incident is documented and presented effectively.
• Engaging Expert Testimony: Legal professionals collaborate with experts in fields like forensics, economics, and mental health. These experts help demonstrate liability, estimate financial losses, and provide clarity on the emotional and psychological impact of the loss.
• Accurate Valuation of Damages: Lawyers carefully calculate both economic and non-economic damages. This includes medical costs, funeral expenses, lost income, and emotional pain, ensuring the full scope of the family’s losses is reflected in the claim.
• Negotiation and Litigation: Most wrongful death claims are resolved through settlement negotiations. A skilled legal representative negotiates with insurance companies and opposing counsel to secure maximum compensation. They will be prepared to advocate for the family in court if a fair settlement cannot be reached.

Having a knowledgeable attorney ensures that families can focus on healing while their legal advocate handles the complexities of the case.

Contact Our Experienced Texas Wrongful Death Lawyers Today

Families who have lost a loved one due to someone else’s negligence deserve justice. At Monsour Law Firm in Longview, Texas, we are committed to helping you recover the compensation needed to rebuild after a wrongful death. Our dedicated team will guide you through the legal process and fight for your rights. Contact us today for a free consultation.