What Types of Damages Are Awarded in Wrongful Death Cases?

Economic vs Non-Economic Damages in Wrongful Death Cases

In Texas, families who lose a loved one due to someone else’s negligence or misconduct may file a wrongful death lawsuit to seek compensation. These legal actions serve two critical purposes: to help grieving families recover financially and to hold responsible parties accountable.

Damages in a Texas wrongful death case fall into two main categories:

• Economic damages, which cover direct financial losses like medical bills and lost income.
• Non-economic damages, which compensate for emotional harm such as grief and loss of companionship.

Understanding the difference between these two types – and how Texas law applies – can help families make informed decisions when seeking justice for their loss.

What Is a Wrongful Death Claim in Texas?

A wrongful death claim in Texas allows certain surviving family members to pursue financial compensation when a person’s death is caused by another’s wrongful act, neglect, carelessness, or default. These claims are civil – not criminal – meaning they seek monetary damages rather than criminal penalties.

Texas law defines wrongful death under Chapter 71 of the Texas Civil Practice and Remedies Code. To bring a valid claim, the death must have resulted from an act that would have supported a personal injury lawsuit had the victim survived.

Eligible parties who may file a Texas wrongful death lawsuit

• The surviving spouse
• Children (including adopted children)
• Parents of the deceased

These individuals may file a claim individually or together. If they don’t file within three months of the death, the executor or personal representative of the estate may pursue the claim – unless the surviving family members object.

Common causes of wrongful death lawsuits in Texas

• Fatal motor vehicle accidents (car, truck, or motorcycle)
• Medical malpractice or surgical errors
• Workplace accidents and unsafe job conditions
• Defective products
• Criminal acts such as assault or DUI

While each case is unique, the legal goal remains the same: to provide surviving loved ones with financial support and accountability in the wake of a preventable tragedy.

Economic Damages in a Texas Wrongful Death Case

Economic damages are the tangible financial losses suffered by surviving family members as a direct result of their loved one’s death. In Texas, these damages are designed to replace the monetary support the deceased would have provided over time.

Courts evaluate the financial relationship between the deceased and their survivors to calculate fair compensation. These damages often make up the largest portion of a wrongful death award, especially when the deceased was the primary breadwinner or a provider of unpaid services within the household.

Types of economic damages recoverable under Texas law

• Loss of earning capacity: Estimated income the deceased would have earned had they lived a full working life.
• Loss of inheritance: The wealth or assets survivors would likely have received if the deceased had lived and continued to accumulate savings.
• Medical expenses: Final medical bills related to the fatal injury or illness.
• Funeral and burial costs: Often ranging from $8,000 to $15,000 in Texas.
• Loss of household services: The value of services the deceased regularly provided (e.g., child care, home maintenance, cooking).

How are these damages calculated?

Courts and insurance companies typically use expert testimony from economists, actuaries, or forensic accountants to assess:

• Age and health of the deceased
• Career trajectory and income history
• Education, training, and work experience
• Expected retirement age and life expectancy
• Value of non-wage contributions to the family

Example: A 40-year-old father earning $70,000 annually may be projected to earn another $2 million over his lifetime. If he provided routine childcare and household support, the value of those services may also be factored in.

These losses are based on concrete figures and often require documentation such as W-2s, tax returns, hospital invoices, and funeral bills.

Non-Economic Damages in a Texas Wrongful Death Case

While economic damages focus on measurable financial losses, non-economic damages account for the deep emotional and relational impacts of losing a loved one. These damages are more subjective but are just as vital in acknowledging the true extent of a family’s suffering.

In Texas, non-economic damages may be awarded for:

• Mental anguish: The emotional pain, grief, and suffering experienced by the surviving family members.
• Loss of companionship and society: The absence of the emotional support, love, guidance, and shared life experiences that the deceased would have continued to provide.
• Loss of consortium: Compensation for the surviving spouse’s loss of emotional intimacy, comfort, and companionship.
• Loss of parental guidance: When children lose the benefit of parental nurturing, advice, and education.

Unlike economic damages, there are no specific formulas for calculating emotional loss. Instead, courts rely on:

• Testimony from surviving family members
• Expert opinions (e.g., grief counselors or psychologists)
• The strength and closeness of the relationship
• The age of both the deceased and survivors
• Evidence of how the death has altered daily life

Example scenario: A young child who loses a mother due to a preventable medical error may receive significant non-economic damages – not only for the current grief but also for the lifelong loss of emotional support and parenting.

These awards can vary widely and are often decided by juries, which consider both the depth of the relationship and the lasting psychological effects on the survivor.

Are Punitive Damages Allowed in Texas Wrongful Death Lawsuits?

Yes – Texas law allows for punitive damages, legally referred to as exemplary damages, in certain wrongful death cases. These are not intended to compensate the family, but rather to punish the responsible party and discourage similar conduct in the future.

To qualify for punitive damages in Texas, the plaintiff must prove that the death resulted from:

• Gross negligence
• Willful or wanton misconduct
• Intentional harm or malice

Punitive damages are typically sought in cases involving:

• Drunk driving fatalities
• Nursing home abuse or neglect
• Defective products that a manufacturer failed to recall
• Fatal workplace accidents caused by known, ignored safety hazards

Legal standard

The evidence must meet a higher bar than ordinary negligence – Texas courts require “clear and convincing evidence” to award punitive damages (per Texas Civil Practice and Remedies Code §41.003).

Are there caps?

Yes. Under §41.008, punitive damages in Texas are capped at the greater of:

• $200,000, or
• Twice the amount of economic damages plus an amount equal to non-economic damages, up to $750,000

Example: If a jury awards $500,000 in economic and $300,000 in non-economic damages, punitive damages may not exceed $1.75 million.

Because of these legal thresholds, not every wrongful death case qualifies. But when reckless or malicious behavior is clearly documented, punitive damages can be a powerful part of the lawsuit.

What Influences Damage Awards in Texas?

No two wrongful death cases are alike, and courts in Texas consider a wide range of factors when deciding how much compensation is appropriate. Even with similar facts, the final award may vary based on the unique circumstances of the deceased and the surviving family members.

Key factors that affect damage awards in Texas wrongful death cases:

• Age and health of the deceased: Younger, healthy individuals often have higher future earning potential, which increases economic damages.
• Earning history and job status: A well-documented income history and upward career path support higher compensation.
• Relationship to survivors: Courts assess the closeness and dependency of each survivor on the deceased – spouses, minor children, and financially dependent parents often receive larger shares.
• Medical and funeral expenses: The scope of treatment before death and the cost of final arrangements can significantly impact the claim’s value.
• Level of pain and suffering (for survival claims): If the deceased endured significant pain before death, that may be factored into a separate survival action.
• Evidence quality: Strong documentation (income records, therapy notes, testimony) strengthens a claim and can affect settlement amounts or jury awards.
• Legal representation: Experienced wrongful death attorneys can present a compelling case, negotiate with insurers, and maximize awards.

Important legal note in Texas

There are no caps on non-economic damages in general wrongful death cases – except when medical malpractice is involved. In those cases, non-economic damages are capped at $500,000, adjusted for inflation (as per §74.301 of the Civil Practice & Remedies Code).

Understanding these variables helps families set realistic expectations about the financial outcome of a case – and underscores the importance of legal guidance throughout the process.

FAQs about Texas Wrongful Death Damages

Can multiple family members file separate claims in Texas?
No. In Texas, eligible beneficiaries (spouse, children, and parents) must file a single wrongful death claim collectively. However, courts may apportion damages based on each person’s relationship to the deceased and level of loss.

What happens if the person responsible is also deceased?
The claim can still proceed against the at-fault party’s estate or any liable third party (such as an employer or manufacturer). Compensation would be paid through the estate or insurance, if applicable.

Are survival actions different from wrongful death claims in Texas?
Yes. A survival action is a separate legal claim that allows the estate to recover damages the deceased would have been entitled to if they had survived – such as pain and suffering before death or lost wages between injury and death. This is different from a wrongful death claim, which compensates surviving family members.

Does Texas require a criminal conviction before filing a wrongful death lawsuit?
No. A wrongful death lawsuit is a civil matter and does not require a criminal conviction or charge. The burden of proof in civil court is lower than in criminal court, so a family can recover damages even if no criminal charges are filed.

Can wrongful death damages be paid out over time in Texas?
Yes. In some cases, parties may agree to structured settlements, where damages are paid in scheduled installments over a period of time. This can benefit minor children or families managing long-term financial planning.

What if the deceased had no income?
Economic damages can still be awarded. Texas courts recognize the value of non-wage contributions such as homemaking, caregiving, and other services. Non-economic damages may also be significant in these cases, especially if the decedent played a central emotional or caregiving role in the family.

Need Help with a Texas Wrongful Death Claim?

If you’ve lost a loved one due to someone else’s negligence, you deserve answers – and the compensation Texas law allows. At Genthe Law Firm, we help grieving families across Texas pursue full justice, whether your case involves medical negligence, a fatal crash, or another tragic loss.

We’ll handle the legal complexities so you can focus on healing. Call us at (214) 957-0898 for a free, confidential consultation.