What Kind of Damages Are Available in a Texas Wrongful Death Action?

The loss of a family member can be tragic, but when that loss was caused by the negligence of another party, their death can be devastating. Families are often left to deal with not only their grief and emotional heartbreak, but the unexpected loss of their loved one can also have a significant financial impact on a family. Under Texas law, survivors of those killed can pursue damages in wrongful death actions. The following are some of the losses that can be included in a claim or lawsuit.

Medical and Funeral Expenses

The family may be entitled to reimbursement for medical expenses incurred prior to their loved one’s death, including hospital bills, medication costs, and any other related healthcare expenses. Funeral and burial expenses may also be included in the damages awarded.

Economic Damages

Economic damages are intended to compensate for the financial losses suffered by the family due to the death of their loved one. This can include the loss of financial support, such as the income the deceased would have earned over their lifetime to support the family, as well as the benefits (i.e. health, retirement, etc.) the decedent would have provided.  

Non-Economic Damages

Non-economic damages aim to compensate for the emotional and psychological suffering endured by family members due to wrongful death. This may include the loss of companionship, mental anguish, pain and suffering, and the emotional trauma experienced as a result of the death.

Loss of Services

Family members may be eligible to seek compensation for the loss of services provided by the deceased. This can include tasks and responsibilities the deceased would have typically performed, such as household chores, childcare, maintenance, or other contributions to the family's well-being.

Loss of Consortium

Loss of consortium refers to the loss of companionship, love, guidance, and support that the deceased would have provided to their family members. It compensates for the emotional and relational impact of losing a loved one. Spouses, children, and sometimes parents can seek damages for loss of consortium.

Punitive Damages

In certain cases, punitive damages may be awarded in addition to compensatory damages. Punitive damages are intended to punish the at-fault party for their egregious conduct and deter others from engaging in similar behavior. One of the most common types of wrongful death cases where punitive damages are awarded is fatal drunk driving accidents.

Contact a Texas Personal Injury Attorney for Legal Assitance

While no amount of money will ever make up for the loss of a loved one, wrongful death actions are often the legal options for justice a family may have. A Fort Worth, TX wrongful death lawyer can pursue legal action on the family’s behalf and obtain financial justice for the death of their loved one. Call J.A. Griffin Law Firm, P.C. at 817-926-6153 for a free and confidential consultation.

Source:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm