Wrongful Death Compensation in Texas: What Is Recoverable
Two claims recover two different sets of losses. The family recovers what the death cost them; the estate recovers what the death cost the person who died. Keeping them separate is the key to understanding what can be claimed.
- 138Google reviews
- 3Attorneys on your case
- 2 yrsTexas filing deadline
- No feeUnless we win
The wrongful death claim: the family's losses
This claim belongs to the surviving spouse, children and parents and compensates their own losses. It is the larger of the two in most cases.
It covers lost financial support the deceased would have provided, lost services such as childcare and home maintenance, lost inheritance, and the loss of love, companionship, comfort, society and guidance.
Lost financial support and earning capacity
The income the deceased would have earned and the portion that would have supported the family, projected over their working life and reduced to present value. An economist establishes this.
For a young wage-earner with dependents this is frequently the largest single element. For a retired person it may be small, which is why these claims are valued so differently depending on the deceased's circumstances.
Loss of companionship and guidance
Texas compensates the loss of the relationship itself: the love, companionship and comfort a spouse provided, and the guidance and nurture a parent provided to a child. This is real and substantial, and it has no invoice.
It is proved by evidence of the relationships, testimony from the family and those who knew them. In medical liability cases these non-economic damages are subject to a statutory cap; in other wrongful death cases they generally are not.
Mental anguish of the survivors
The emotional suffering of the beneficiaries caused by the death is recoverable, separately from the loss of companionship. It is the grief and distress the death inflicted on those who loved the person.
Like companionship, it is proved by evidence of the relationship and its impact rather than by a formula.
The survival claim: the deceased's own losses
Brought by the estate, this covers what the deceased could have claimed had they survived: the conscious pain and suffering they experienced between injury and death, their medical expenses, and funeral and burial costs.
Where death was instantaneous, the pain and suffering element may be small. Where the person survived for a period, aware and suffering, it can be substantial. This is one reason the circumstances of the death matter to the value.
Exemplary damages
Where the death resulted from gross negligence, exemplary damages may be available on clear and convincing evidence. Texas removes the ordinary cap where the conduct would also constitute certain felonies, which is significant in drunk-driving deaths.
These are a separate element with a higher standard of proof, awarded to punish rather than to compensate, and they are not a component of an ordinary claim.
Summary
| Claim | Element | Proved by |
|---|---|---|
| Wrongful death | Lost financial support | Economic projection |
| Wrongful death | Lost services | Valuation of the work done |
| Wrongful death | Loss of companionship and guidance | Evidence of the relationship |
| Wrongful death | Mental anguish of survivors | Relationship and impact |
| Survival | Pre-death pain and suffering | Medical records, circumstances |
| Survival | Medical and funeral expenses | Bills |
| Either | Exemplary damages | Clear and convincing evidence |
Keep reading
Cedar Park Wrongful Death Lawyer
Texas gives specific family members the right to bring a wrongful death claim, and gives the estate a separate claim of its own.
Practice areaWho Can File a Wrongful Death Claim in Texas
Texas limits the right to bring a wrongful death claim to three categories of family member.
ReadSurvival Action or Wrongful Death Claim
One death produces two separate legal claims in Texas.
ReadWrongful Death Statute of Limitations
Two years, and the date it runs from is not always the date of the accident.
ReadMedical Malpractice Wrongful Death
A death caused by medical negligence is a wrongful death claim, but Texas surrounds it with procedural requirements no other injury claim carries.
ReadWrongful Death Settlement Calculators
No calculator can value a life, and the formulas they use have no basis in Texas law.
Read
Frequently asked questions
The family recovers lost financial support, lost services, lost inheritance, and the loss of love, companionship and guidance, plus their own mental anguish. The estate separately recovers the deceased's pre-death pain and suffering, medical costs and funeral expenses.
Yes. Texas compensates the loss of the relationship itself, the love, companionship, comfort and guidance the person provided. It is proved by evidence of the relationship, and in medical liability cases it is subject to a statutory cap.
It recovers what the deceased could have claimed had they survived: the conscious pain and suffering between injury and death, medical expenses and funeral costs. Where the person survived a period aware and suffering, this can be substantial.
Yes, as part of the survival claim brought by the estate, along with the deceased's medical expenses and pre-death pain and suffering.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
Contingency fee. You pay nothing unless we win.