After a wrongful death, no amount of money can replace the person you lost. But a wrongful death claim is often the only way to hold every responsible party fully accountable and to ensure your family receives justice and the financial resources you need to move forward and account for the profound losses you and your family have been forced to endure.
In Texas, a wrongful death claim can provide compensation for both the financial and personal losses surviving family members experience because of a loved one’s death. Recoverable damages can include lost earning capacity, lost inheritance, lost care and support, mental anguish, and loss of companionship and society. Exemplary damages may also be available when the death resulted from a willful act or omission or gross negligence.
Texas Civil Practice and Remedies Code § 71.004 limits wrongful death beneficiaries to the deceased person’s surviving spouse, children, and parents.
At Zehl & Associates, our Undefeated Wrongful Death Lawyers understand that a wrongful death case is about far more than a financial recovery. It’s about ensuring the negligent parties are held accountable, so that others aren’t killed from the same dangerous conduct in the future, and making sure families are able to care and provide for themselves for the rest of their lives. With Billions won, we’ve consistently delivered on these goals, recovering record-setting results for wrongful death victims, and never backing down until their families’ futures are secured.
What Economic Damages Can Be Recovered in a Texas Wrongful Death Claim?
Economic damages compensate surviving family members for measurable financial losses caused by the death. Texas law recognizes economic damages as compensation for actual economic or pecuniary losses, including loss of income or earning capacity and loss of inheritance.
Depending on the circumstances, recoverable financial losses can include:
- Lost earning capacity and financial contributions
- Loss of inheritance, the deceased likely would have accumulated
- Loss of household services, care, maintenance, and support
The amount depends on factors such as the deceased person’s earnings, age, health, expected career path, and the financial support provided to surviving family members.
These damages are intended to address the financial impact the death has on eligible beneficiaries.
Can You Recover for Mental Anguish and Loss of Companionship?
Yes. Texas wrongful death beneficiaries may recover non-economic damages for losses that do not have a direct dollar value, including mental anguish and loss of companionship and society. Texas law defines noneconomic damages to include mental or emotional anguish and loss of companionship and society.
Mental anguish addresses the emotional pain and suffering caused by losing a close family member. Loss of companionship and society addresses the loss of the love, comfort, companionship, and relationship that the deceased person would have provided.
Zehl & Associates has recovered Billions of dollars for accident and wrongful death victims, and its trial attorneys are Undefeated in the courtroom. Our firm has handled fatal accident cases involving trucking crashes, oilfield incidents, plant and refinery explosions, and other catastrophic accidents.
Are Punitive Damages Available in a Texas Wrongful Death Case?
Yes. Texas law refers to punitive damages as exemplary damages, and they may be available in certain wrongful death cases involving especially serious misconduct.
Under Texas Civil Practice and Remedies Code § 71.009, exemplary damages may be recovered when a death is caused by a willful act or omission or gross negligence. Texas Civil Practice and Remedies Code § 41.003 also generally requires clear and convincing evidence of fraud, malice, or gross negligence to recover exemplary damages.
Unlike compensatory damages, exemplary damages are intended to punish particularly wrongful conduct rather than compensate a family for a specific loss.
How Are Wrongful Death Damages Divided Among Family Members?
A Texas jury can divide wrongful death damages among eligible surviving family members based on the losses each person experienced. Texas Civil Practice and Remedies Code § 71.010 states that damages are divided among beneficiaries entitled to recover, in shares determined by the jury.
This means damages do not necessarily have to be divided equally among a surviving spouse, children, and parents. The nature of each beneficiary’s relationship with the deceased and the losses resulting from the death can affect the award.
Frequently Asked Questions
How Long Do You Have to File a Wrongful Death Claim in Texas?
Texas generally gives eligible family members two years from the date of death to file a wrongful death lawsuit. Certain exceptions can affect this deadline.
Is There a Cap on Wrongful Death Damages in Texas?
Texas does not impose a general cap on compensatory damages in most wrongful death cases. However, statutory limits can apply in certain cases, including medical malpractice claims.
How Is the Value of a Texas Wrongful Death Claim Determined?
The value depends on factors such as the deceased person’s income, age, expected financial contributions, family relationships, and the circumstances surrounding the death.
Do You Have to Pay Taxes on a Wrongful Death Settlement?
Compensation for personal physical injuries or sickness is generally excluded from federal taxable income, but some portions of a settlement may be taxable. A tax professional can advise you based on the specifics of your recovery.
Contact a Texas Wrongful Death Lawyer at Zehl & Associates for a Free Consultation
Wrongful death damages can address both the financial consequences of losing a loved one and the profound personal losses surviving family members experience.
Contact the Undefeated wrongful death lawyers at Zehl & Associates for a free consultation. Our firm can investigate the circumstances of your loved one’s death, determine the damages available under Texas law, and pursue the compensation your family deserves.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours