Losing a loved one unexpectedly is one of life’s most devastating experiences. When that loss is caused by someone else’s negligence or wrongful actions, the pain is compounded by feelings of injustice and uncertainty about the future. As experienced wrongful death attorneys, we often hear one important question from grieving families: What damages can you claim in a Texas wrongful death lawsuit? While no amount of compensation can ever replace your loved one, understanding your legal rights—and pursuing rightful compensation—can offer the financial support and accountability your family needs to begin healing.
Understanding Your Rights Under Texas Law
Texas law recognizes that wrongful death creates far-reaching consequences that extend well beyond the immediate tragedy. Under Chapter 71 of the Texas Civil Practice and Remedies Code, also known as the Texas Wrongful Death Act, surviving family members can sue for damages when their loved one is killed by someone else’s wrongful act, neglect, carelessness, unskillfulness, or default. The financial impact can be overwhelming—from sudden medical bills to the loss of your loved one’s income and support. More importantly, the emotional devastation affects every aspect of daily life, from the comfort and companionship you’ve lost to the future dreams that will never be realized.
Having guided countless families through this difficult process over the past three decades, we’ve witnessed firsthand how the right legal approach can make a meaningful difference in helping survivors move forward with dignity and financial security.
Common Damages Available in Texas Wrongful Death Cases
While every case is unique and requires careful evaluation of your specific circumstances, Texas Civil Practice and Remedies Code Section 71.002 typically allows families to pursue several types of damages:
Medical and End-of-Life Expenses:
- Emergency medical care, hospital stays, and ambulance services from the time of injury until death
- Funeral and burial costs, which can place unexpected financial strain on grieving families
Financial Support Losses:
- Lost wages your loved one would have earned from the time of death forward
- Lost earning capacity, accounting for career advancement and raises your loved one would likely have received
- Loss of inheritance and gifts your loved one would have provided to family members
Relationship and Support Losses:
- Lost care, comfort, companionship, and emotional support—often the most significant impact on surviving family members
- Loss of guidance, protection, and nurturing, particularly important when children have lost a parent
Pain and Suffering:
- Physical pain and mental anguish your loved one experienced between the injury and death
- Emotional trauma and mental anguish experienced by surviving family members
Punitive Damages: In cases involving particularly reckless or intentional conduct, courts may award exemplary damages under Section 71.009 designed to punish the wrongdoer and deter similar behavior. These require clear and convincing evidence of gross negligence or willful conduct.
Why Experience and Compassion Matter
Navigating a wrongful death claim while grieving requires attorneys who combine legal expertise with genuine empathy. Over our 30 years of practice, we’ve recovered nearly $1 billion in verdicts and settlements for our clients, maintaining a 98% success rate. But beyond these numbers, we understand that each case represents a family in crisis who deserves not just skilled representation, but compassionate guidance through an incredibly difficult time.
We know that no two families face identical circumstances. The damages available in your specific case depend on numerous factors: your loved one’s age, health, earning capacity, and relationships with survivors. Under Texas Civil Practice and Remedies Code Section 71.010, damages are awarded proportionate to the injury resulting from the death and divided among eligible family members as determined by the jury. This is why we never make promises about outcomes during initial conversations—instead, we listen carefully to understand your unique situation and provide honest, informed guidance about your legal options.
Get the Answers You Need with a Free Case Review
If you’re wondering what damages you might be able to claim in a Texas wrongful death lawsuit, we’re here to help you understand your rights and options. During our free consultation, we’ll carefully review the details of your case, discuss the specific damages that may apply to your situation, and explain how Texas law protects surviving family members. Remember, you generally have two years from the date of death to file a wrongful death claim under Texas Civil Practice and Remedies Code Section 16.003, making prompt consultation essential.
We work exclusively on a contingency fee basis, which means you won’t pay any attorney fees unless we successfully recover compensation for your family. This allows you to focus on healing and honoring your loved one’s memory while we handle the legal complexities.
Contact our compassionate team of experienced wrongful death attorneys today for your free case review. We’re available 24 hours a day because we understand that grief doesn’t follow business hours, and you deserve answers when you need them most.
