What Compensation May Be Available in a Texas Wrongful Death Case?

Wrongful Death Damages Focus on the Beneficiaries’ Losses

A Texas wrongful death action exists for the benefit of the statutory beneficiaries: the surviving spouse, children and parents.

The damages inquiry therefore considers qualifying losses those beneficiaries suffered because of the death.

Loss of Financial Support and Services

The death of a family member may result in the loss of financial contributions and services the person would reasonably have provided.

Evidence can include employment history, income records, household contributions and other information concerning the support provided to the family.

Loss of Care, Maintenance, Advice and Counsel

The value of a family relationship is not limited to a paycheck. Evidence may concern care, assistance, guidance and services the deceased provided to qualifying beneficiaries.

Loss of Companionship and Society

Texas wrongful death damages may include loss of the positive benefits flowing from the love, comfort, companionship and society that a qualifying family relationship provided.

The evidence is individual to the relationship rather than determined by a fixed formula.

Mental Pain and Anguish

Qualifying beneficiaries may also seek damages for compensable mental pain and anguish resulting from the death when supported under Texas law.

There is no universal dollar amount assigned to grief or loss.

Loss of Inheritance

In appropriate circumstances, a wrongful death claim may involve loss of inheritance—the present value of assets the deceased would reasonably have accumulated and left to a statutory beneficiary but for the premature death.

This is an evidence-based claim and should not be assumed in every case.

What Is a Survival Claim?

A survival claim is distinct from the beneficiaries’ wrongful death claims.

Texas law allows a personal injury cause of action to survive the injured person’s death in favor of the person’s heirs, legal representatives and estate.

Depending on the facts, a survival action can involve damages the deceased person sustained between injury and death.

Are Funeral Expenses Part of Every Wrongful Death Award?

Funeral and burial expenses can present issues concerning who incurred or paid them and the claim through which they are properly sought. The evidence and procedural circumstances should be reviewed rather than automatically assigning every expense to every beneficiary.

Can Exemplary Damages Ever Be Available?

Texas wrongful death law provides for exemplary damages in qualifying circumstances involving a death caused by a willful act or omission or gross negligence, subject to other applicable Texas law and proof requirements.

They are not automatic in a fatal accident case.

For additional information, visit the firm’s Dallas wrongful death page or Fort Worth wrongful death page.

Frequently Asked Questions

Is there a fixed amount for a Texas wrongful death case?

No. The value depends on the legally recoverable losses and evidence applicable to the beneficiaries and underlying claim.

Can loss of companionship be considered?

Yes. Loss of companionship and society can be a component of Texas wrongful death damages when supported by the evidence.

What is loss of inheritance?

It generally concerns the present value of assets a deceased person would reasonably have accumulated and left to a beneficiary but for the premature death.

Is a survival claim the same as wrongful death?

No. They are related but distinct claims. Wrongful death addresses qualifying beneficiary losses, while a survival action preserves a cause of action belonging to the deceased person.

This article provides general information and is not legal advice or a prediction of damages in any particular wrongful death case.