Losing a loved one because of someone else’s carelessness or wrongful act leaves a lasting void that no amount of money can fill. Families are often left with sudden expenses and emotional loss, wondering how the law measures something so deeply personal. How damages are calculated in Texas wrongful death cases depends on several legal and financial factors designed to account for both the measurable and immeasurable impact of the death. Understanding how these damages are determined can help families take informed steps toward financial stability and justice.
An experienced Texas wrongful death attorney can guide you through each stage of this process and protect your right to pursue fair compensation for your loss. You can contact a wrongful death lawyer near you for a free consultation today.
Key Takeaways: Texas Wrongful Death Claims
- Texas law allows specific family members to file a wrongful death claim when negligence or wrongdoing causes a fatality.
- Damages include both financial losses and the loss of companionship, care, and guidance.
- Economic damages are based on measurable financial contributions, while non-economic damages reflect emotional harm and loss of relationship.
- Courts may award punitive damages to punish extreme misconduct.
- Texas limits damages in certain medical malpractice cases, but most wrongful death claims have no legal cap.
Understanding Wrongful Death Claims in Texas
A wrongful death claim allows surviving family members to hold an at-fault party accountable for causing a loved one’s death. It is a civil claim, separate from any criminal case that may also arise. The goal is to seek financial accountability for the loss suffered by the deceased’s family.
What Qualifies as a Wrongful Death Under Texas Law?
A wrongful death occurs when someone dies due to another person or company’s negligent, reckless, or intentional act. Examples include a fatal car crash in Oak Cliff caused by a distracted driver or a workplace accident in Irving due to unsafe conditions.
According to Texas law, a wrongful death claim may arise from:
- Negligence: Failure to act with reasonable care, such as speeding or ignoring safety regulations.
- Medical Malpractice: A medical provider’s careless action or omission leading to death.
- Defective Products: Manufacturing or design flaws causing fatal injuries.
- Intentional Acts: Assault, drunk driving, or other deliberate misconduct.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law restricts who can file a wrongful death claim. The following parties may bring the case:
- Spouse: The surviving husband or wife.
- Children: Both biological and legally adopted children.
- Parents: Either biological or adoptive parents of the deceased.
If none of these family members file a claim within three months of the death, the personal representative of the estate may file the lawsuit on behalf of the eligible beneficiaries.
Texas Wrongful Death Statute of Limitations
The statute of limitations sets a time limit for filing. In Texas, family members generally have two years from the date of death to bring a wrongful death claim. Missing this deadline can prevent the family from pursuing any recovery. However, exceptions sometimes apply if the at-fault party concealed their involvement or if the claimant was a minor.
What Types of Damages Are Available in Texas Wrongful Death Cases?
Texas law recognizes three categories of damages in wrongful death cases: economic, non-economic, and exemplary damages. Each serves a different purpose.
Economic Damages in Wrongful Death Claims
Economic damages represent the financial contributions the deceased would have continued to provide if they had lived. These damages are measurable through records such as pay stubs, tax returns, and receipts. They help replace the financial support that the family depended on and often include the following:
- Lost earnings and financial contributions
- Loss of benefits and retirement plans
- Medical and funeral expenses
- Loss of household services
Economic damages help restore financial stability by covering these quantifiable losses and allowing families to maintain some level of security after a sudden death.
Non-Economic Damages in Wrongful Death Claims
Non-economic damages address the emotional and relational harm caused by the wrongful death. These losses cannot be measured by receipts or invoices but are just as significant. Texas law acknowledges that losing a loved one changes the emotional structure of a family. The types of non-economic damages typically available include:
- Mental anguish
- Loss of companionship and consortium
- Loss of care, guidance, and support
Courts rely on testimony from family members, mental health professionals, and others close to the deceased to understand the depth of these losses. The goal is to recognize the personal and emotional harm caused by the wrongful act, even though the value of that harm can’t be precisely measured.
Exemplary (Punitive) Damages in Texas Wrongful Death Cases
When the conduct that caused the death was especially reckless or intentional, the court may award exemplary damages. These damages punish the wrongdoer and discourage similar behavior in the future, such as a company ignoring safety laws that lead to a fatal construction accident in Plano.
How Are Economic Damages Calculated?
Economic damages are based on the financial contributions the deceased would have provided to their family had they lived. Attorneys, economists, and financial experts often work together to establish the most accurate estimate.
Lost Earnings and Financial Support
Lost income includes the salary, wages, commissions, or business income the deceased would have earned over their expected lifetime. Future raises, promotions, and inflation are also considered to reflect a realistic value.
For instance, if a parent working in downtown Dallas supported two young children, calculations would include projected future income, adjusted for the years they would have supported those dependents.
Loss of Benefits and Retirement Contributions
This category includes health insurance, pensions, 401(k) plans, and other employment-related benefits that the deceased’s family no longer receives. The value depends on the deceased’s age, job stability, and projected career growth.
Medical and Funeral Expenses
Families can recover the reasonable medical costs incurred before death and the funeral and burial expenses. These costs are typically verified through hospital records and invoices.
Loss of Household Services
The law recognizes the monetary value of contributions such as childcare, cooking, home maintenance, and transportation. Replacing those services with outside help carries measurable costs, especially for families in larger areas like Fort Worth.
How Are Non-Economic Damages Determined?
Unlike financial losses, non-economic damages compensate for the personal impact of losing a loved one. Courts use testimony, evidence, and context to evaluate these losses.
Mental Anguish and Emotional Suffering
Family members can seek compensation for the pain and emotional they’ve suffered because of their family member’s untimely death. Jurors may consider how the death has affected daily life, emotional well-being, and family relationships.
Loss of Companionship and Consortium
This damage category recognizes the loss of love, comfort, and companionship once shared with the deceased. Spouses, parents, and children may all claim this form of loss, depending on their relationship.
Loss of Care, Guidance, and Nurturing
Children often depend on their parents for moral and emotional support. When a parent dies due to negligence, Texas law allows recovery for the loss of that care and upbringing, such as guidance that can no longer be given to a child growing up in Arlington.
What Factors Affect the Value of a Wrongful Death Claim?
Every wrongful death case is unique, and several elements influence its potential value. The evidence, the family’s relationship with the deceased, and the conduct of the at-fault party all matter.
The Deceased's Age and Life Expectancy
Younger individuals or those in good health typically have higher projected lifetime earnings, which can increase economic damages. The court also considers factors such as education and career potential.
The Deceased's Earning Capacity and Career Trajectory
When a deceased person had a growing career or specialized training, calculations often reflect that potential for higher future income. For example, a software engineer in Addison may have had significant earning potential over time.
The Relationship Between the Deceased and Survivors
Courts evaluate the strength of the bond between the deceased and surviving family members. The closer and more dependent the relationship, the greater the potential non-economic damages.
The Circumstances Surrounding the Death
Negligent or reckless behavior plays a major role. A fatal truck crash caused by a company’s disregard for safety rules may result in higher damages than a case involving simple negligence.
The Strength of Evidence and Liability
Strong evidence linking the at-fault party to the death increases the likelihood of a favorable outcome. Eyewitness statements, video footage, and expert analysis often strengthen the claim.
How Does Texas Law Distribute Wrongful Death Damages?
Once damages are awarded, Texas law determines how they are shared among eligible family members.
Distribution Among Eligible Family Members
If the case is settled out of court, family members can agree on how to divide the damages. When a case goes to trial, the jury decides how much each family member receives based on their loss and relationship to the deceased.
What Happens When Family Members Cannot Agree?
If disagreement arises, the court intervenes to distribute the recovery fairly. The judge examines the evidence and determines each person’s share, ensuring that every qualified family member receives an equitable portion.
How Our Attorneys Can Help
At DFW Injury Lawyers, we help families hold negligent parties accountable while handling every aspect of the claim from investigation to resolution. We understand how deeply a wrongful death affects your life and focus on building a strong case for fair financial recovery.
Thorough Investigation and Case Evaluation
We gather evidence, interview witnesses, and review accident reports to identify everyone responsible. Our team examines both the cause of death and the financial impact on your family.
Expert Testimony and Economic Analysis
We work with medical professionals, economists, and industry specialists who help explain how the wrongful death occurred and what financial losses resulted. Their insight helps present a clear and persuasive picture of your family’s damages.
Negotiation and Trial Experience
Our attorneys negotiate directly with insurers and opposing counsel to reach a resolution that reflects the true value of your loss. When insurers refuse to act in good faith, we’re ready to take the case to trial to pursue accountability.
Maximizing Your Recovery
We focus on documenting every form of loss to strengthen your claim. By compiling detailed financial records, employment data, and personal testimony, we work to recover the full measure of compensation Texas law allows.
Frequently Asked Questions About Wrongful Death Damages
Who decides how much compensation a family receives in a wrongful death claim?
In settlements, the amount is typically negotiated between your attorney and the insurer. In a trial, a jury determines the total damages based on evidence and testimony.
Can stepchildren or siblings file a wrongful death lawsuit in Texas?
Generally, only the spouse, children, and parents can file. Stepchildren or siblings may not bring a claim unless they were legally adopted or otherwise meet the statutory criteria.
How long does a wrongful death case take to resolve?
The timeline varies based on how quickly the liable party accepts responsibility. If they don’t offer a fair settlement, and your case must go to trial, it can add significantly to the timeline. Other factors include the severity of your injuries and extent of your damages, as well as the overall complexity of your case.
What happens if multiple parties share responsibility for the death?
Texas follows a modified comparative fault rule. If more than one person contributed to the death, each may be responsible for their share of the damages.
Can a wrongful death claim include losses suffered before the death?
Yes. If the deceased experienced pain, medical expenses, or property loss before passing, those damages may be pursued through a separate survival action.
Our Texas Wrongful Death Attorneys Are Ready to Help
Wrongful death cases require prompt action, as evidence can fade and deadlines can pass quickly. The attorneys at DFW Injury Lawyers are ready to help your family hold the responsible party accountable and seek the compensation allowed under Texas law.
Contact us today for a free, no-obligation consultation with one of our Texas personal injury lawyers. We can review your case, explain your legal options, and help you move forward with clarity and confidence.
Pedro “Peter” de la Cerda
Founder
Attorney Pedro “Peter” de la Cerda is a co-founder of DFW Injury Lawyers. As a young attorney looking for courtroom experience, Mr. de la Cerda began his career defending physicians, nurses, hospitals, trucking, and manufacturing companies in disputes involving personal injury, medical malpractice, products liability, and toxic tort. After seeing many people who were truly injured and deserving of fair compensation, however, Mr. de la Cerda was moved to cross the courtroom aisle and prosecute cases on behalf of plaintiffs in personal injury cases.
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