Damages You Can Recover in a Texas Wrongful Death Claim

Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. In Texas, certain surviving family members may have the right to file a wrongful death claim to seek financial compensation for their loss. While no amount of money can replace a family member, a wrongful death claim can help provide financial stability and a sense of accountability.

At The Alexander Firm, we can provide legal assistance to the Houston public during these difficult times.

What Is a Texas Wrongful Death Claim?

Under Texas law, a wrongful death claim arises when a person’s death is caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default. These claims commonly stem from car accidents, truck accidents, workplace incidents, defective products, or medical negligence.

In Texas, the surviving spouse, children, and parents of the deceased may file a wrongful death lawsuit. If eligible family members do not file within a specific period, the personal representative of the estate may have the right to pursue the claim.

Economic Damages in a Texas Wrongful Death Case

Economic damages are intended to compensate surviving family members for the financial contributions the deceased would have provided.

These may include:

• Loss of earning capacity the deceased would have provided to the family
• Loss of financial support, including expected wages and benefits
• Medical expenses related to the final injury or illness
• Funeral and burial expenses
• Loss of inheritance, meaning the value the deceased would likely have saved and left to heirs

Calculating these damages often involves reviewing employment history, projected income, benefits, and other financial factors.

Non-Economic Damages

Non-economic damages address the emotional and relational losses suffered by surviving family members.

These may include:

• Mental anguish experienced due to the loss
• Loss of companionship and society
• Loss of consortium for a surviving spouse
• Loss of parental guidance and support for children

While these damages do not have a fixed dollar amount, they reflect the profound personal impact of losing a loved one.

Exemplary (Punitive) Damages in Certain Cases

In situations involving gross negligence, willful acts, or extreme misconduct, Texas courts may award exemplary damages. These damages are not meant to compensate the family directly for losses but to punish the wrongdoer and deter similar conduct in the future.

Not every wrongful death case qualifies for exemplary damages, and specific legal standards must be met.

Survival Claims vs. Wrongful Death Claims

In addition to a wrongful death claim, the deceased’s estate may bring a survival claim. A survival action allows recovery for damages the deceased could have pursued if they had survived, such as:

• Pain and suffering experienced before death
• Medical bills incurred before passing
• Property damage

Wrongful death claims focus on the losses suffered by surviving family members, while survival claims focus on losses suffered by the deceased prior to death.

Time Limits for Filing a Wrongful Death Claim in Texas

Texas law generally requires wrongful death claims to be filed within two years from the date of death. Failing to file within this statute of limitations may result in losing the right to pursue compensation.

Because exceptions can apply in certain circumstances, it is important to seek legal guidance as soon as possible.

How The Alexander Firm Can Help the Houston Public

Pursuing a wrongful death claim can be emotionally overwhelming, especially while grieving. An attorney can help investigate the circumstances of the death, gather evidence, calculate damages, negotiate with insurance companies, and represent your interests in court if necessary.

At The Alexander Firm, we can provide legal assistance to the Houston public and help families understand their rights under Texas law.