What Damages Can Be Recovered in a Wrongful Death Lawsuit?
Losing a loved one unexpectedly can leave families with more than emotional pain—it can lead to serious financial hardship, disrupted routines, and long-term consequences that affect every part of life. When a death results from another party’s negligence or misconduct, the law allows certain individuals to seek compensation through a wrongful death lawsuit.
In Texas, wrongful death claims are governed by specific statutes that define who can file, what damages may be recovered, and how the case must proceed. At Gardner Law Firm in Rockport, Texas, our attorney is dedicated to helping those dealing with a wrongful death lawsuit. We’ll use our experience and understanding of the law to fight for your compensation.
What Is Considered a Wrongful Death?
Wrongful death occurs when someone dies as a direct result of another person or entity’s wrongful act, neglect, carelessness, or unskillful action. These claims can arise from a variety of incidents, including:
Car or truck accidents
Medical malpractice
Defective products
Workplace accidents
Dangerous premises
Under Texas law, a wrongful death lawsuit is distinct from a criminal case. It’s a civil action filed by surviving family members or representatives seeking financial compensation. The goal isn’t punishment, but rather to help family members recover from their losses. Speak with an attorney at Gardner Law Firm to discover your options.
Who Can File a Wrongful Death Lawsuit in Texas?
Not all relatives are permitted to file a wrongful death claim in Texas. The law restricts filing rights to:
The deceased person’s spouse
The deceased person’s children (biological and legally adopted)
The deceased person’s parents
If none of these parties file a lawsuit within three months of the death, the personal representative of the deceased's estate may file, unless family members request otherwise.
Each of these parties may pursue damages individually or join together in a single claim. The compensation awarded will depend on their specific losses and relationship to the deceased.
Economic Damages Available in a Wrongful Death Claim
Economic damages are the measurable financial losses suffered by surviving family members. These are often the easiest to quantify because they reflect actual costs or lost income.
Economic damages in a Texas wrongful death case may include:
Lost earning capacity: The income the deceased would likely have earned if they had lived
Loss of inheritance: The value of assets the survivors would have reasonably expected to receive
Funeral and burial expenses: Reasonable costs related to services and burial
Medical expenses incurred before death: If applicable, for treatment between injury and death
Loss of household services: The value of work the deceased would have provided, such as childcare or home maintenance
These damages aim to address the direct financial impact that follows the sudden loss of a loved one. For example, if the deceased was the primary earner for the household, the surviving spouse and children may face immediate and long-term financial challenges.
Non-Economic Damages in a Wrongful Death Lawsuit
In addition to financial losses, Texas law recognizes that death affects emotional well-being and personal relationships. These non-economic damages seek to address those losses, even though they don’t come with a set dollar amount.
Family members may be entitled to compensation for:
Mental anguish: Emotional pain, anxiety, and suffering caused by the loss
Loss of companionship and society: The absence of love, comfort, and emotional support
Loss of consortium (for spouses): The disruption of the marital relationship
Loss of parental guidance (for children): The absence of care, instruction, and support
These damages are more subjective, and juries or judges may weigh several factors, including the closeness of the relationship, the age of surviving children, or the mental health impact on the surviving spouse. While these losses are harder to quantify, they’re often among the most deeply felt.
Survival Damages May Be Recovered
Texas law also allows for a related legal claim called a survival action. This is brought on behalf of the deceased person’s estate and focuses on the harm the individual suffered before death. It’s separate from the wrongful death claim but often pursued at the same time.
The estate may recover damages for:
Medical expenses related to the fatal injury or illness
Pain and suffering experienced before death
Lost income from the date of injury to the date of death
Property damage resulting from the incident
Any damages awarded in a survival action belong to the estate and are distributed according to the will or state intestacy laws if no will exists.
This type of claim allows the estate to recover what the individual would have received if they had survived the incident and filed a personal injury lawsuit.
Are There Limits on Damages in Texas?
In certain types of wrongful death cases, such as those involving medical malpractice, Texas law places caps on non-economic damages. These limits don’t apply to all cases, but they can affect the total recovery when a medical provider is involved.
As of the current law:
Non-economic damages in medical malpractice wrongful death cases are capped at $500,000 (adjusted for inflation)
There’s no cap on economic damages, such as lost earnings or medical costs
In most other wrongful death cases, such as traffic accidents or defective products, there’s no statewide cap on non-economic damages
Punitive damages—meant to punish particularly harmful behavior—may also be available in cases involving gross negligence or intentional misconduct. These are awarded in addition to other damages but are subject to specific statutory limits.
Proving the Right to Damages
To recover damages in a wrongful death case, the surviving parties must demonstrate certain legal elements:
The death was caused by another party’s wrongful act or negligence
The claimant is legally eligible to bring a wrongful death claim
There are actual damages resulting from the death
Evidence may include police reports, medical records, testimony, and witness statements. Financial documentation like tax returns or employment records may help establish lost income. Personal statements and mental health records may support claims of emotional harm.
Because each case is different, the process of proving these elements can vary. Courts will analyze both tangible losses and the deeper impact of the death on the family’s life.
How Compensation Is Distributed Among Family Members
When damages are awarded in a wrongful death lawsuit, the court may divide them among eligible family members based on the degree of loss each person experienced.
For example, a spouse who was financially dependent on the deceased and has young children may receive a larger share than an adult child living independently. Texas courts try to allocate compensation in a way that reflects both financial dependence and emotional loss.
If multiple parties file together, they can agree on a distribution. If they can’t agree, the court will decide how to divide the recovery based on evidence presented during the case.
The Importance of Timing in Texas Wrongful Death Cases
Texas has a statute of limitations that affects wrongful death claims. In most cases, the deadline to file is two years from the date of death. Missing this deadline can prevent any claim from going forward.
Some exceptions may apply, such as when the wrongful act was concealed or not discovered until later. However, these exceptions are limited, and courts interpret them narrowly. It’s important to act promptly, even if you’re still in the early stages of grief.
The earlier a claim is filed, the easier it may be to collect and preserve the necessary evidence.
Common Misunderstandings About Wrongful Death Damages
There are several misconceptions about wrongful death lawsuits and what compensation is available. Clearing these up helps families make informed choices.
Here are a few important clarifications:
You don’t have to wait for a criminal case to finish. Civil claims can proceed independently.
You can pursue both wrongful death and survival damages. These are separate and allowed under Texas law.
Wrongful death compensation isn’t just about money. It also represents legal recognition of harm.
Not all relatives can file. Only specific family members, as defined by law, may bring a claim.
Understanding your rights early can help you avoid missing critical deadlines or opportunities.
Contact Us Today
Recovering damages won’t undo the loss, but it can help families cover financial burdens, stabilize their future, and seek accountability. Every wrongful death case carries its challenges. Our legal serves clients throughout Rockport, Corpus Christi, and the surrounding areas. Reach out to our experienced wrongful death attorney at Gardner Law Firm today for more information.