What Types of Compensation Can You Pursue in a Wrongful Death Lawsuit?
Have you lost a loved one due to someone's negligent or intentional actions? If yes, you may be eligible to file a wrongful death lawsuit.
At The Fostel Law Firm, PLLC, I have represented countless families seeking compensation for the emotional and financial loss they suffered due to the death of a loved one. As an experienced wrongful death attorney, I guide people through this process, help them understand their rights, and enable them to rebuild a sense of stability. If you're in Houston, Texas, or anywhere in Texas for that matter, call me for legal advice you can trust.
For now, let's try to understand what types of compensation you can get if you find yourself in this situation.
Wrongful Death in Texas
A wrongful death lawsuit arises when a negligent or intentional act results in a fatality. Under Texas law, certain family members—such as spouses, children, or parents—can file a claim against the party responsible for the death.
Because money can never truly compensate for the loss of a loved one, the purpose of a wrongful death lawsuit extends beyond financial awards. It can help families regain their financial footing, enforce accountability, and possibly drive changes that prevent future tragedies. In every case, though, the law sets distinct guidelines for what damages may be sought.
The court will examine the evidence to determine if the person allegedly at fault breached a duty of care that caused the untimely passing. Once liability is established, the next question revolves around the types and extent of compensation that can be claimed.
Types of Compensation Available
The compensation available in a wrongful death lawsuit often corresponds to the different ways in which the loss has affected survivors. This includes economic damages tied to tangible costs and non-economic damages that address emotional and psychological loss.
Pecuniary losses: These revolve around tangible contributions the deceased would have provided, such as income or inheritance.
Loss of companionship: This category recognizes the emotional support and closeness provided by the deceased.
Mental anguish: Families can seek reparation for the profound grief and suffering caused by their loss.
Loss of inheritance: When the deceased would have accumulated assets over their lifetime, their survivors may seek to claim the difference in the inheritance they would have reasonably expected to receive.
Each category addresses a separate dimension of harm. As a wrongful death lawyer, I make sure that any claim for damages aligns with the facts of the case and meets the legal standards under Texas law.
Pecuniary Losses and Lost Income
One central element of a wrongful death claim is the compensation tied to the financial support the deceased would have provided. This amount can vary significantly depending on age, occupation, and earning capacity.
Lost wages and benefits: If the deceased was working or had the capacity to work, the survivors can claim future income that the victim would likely have earned had they lived. Retirement benefits, pension plans, or other job-related income might also be included.
Medical expenses: If the deceased incurred treatment costs before passing away, some portion of a lawsuit may address those bills. Even though a wrongful death suit focuses on compensation for the family’s loss, combining it with a survival action can help families recover final medical costs.
Loss of support for children: If children depended on the deceased for educational expenses, these costs can form part of the claim.
Families often underestimate how substantial lost income can be, especially if the deceased was relatively young. As a wrongful death lawyer, I believe it is very important to document the full extent of economic losses.
Emotional and Psychological Losses
In wrongful death cases, surviving relatives often face significant emotional strain. Texas courts recognize that mental anguish, suffering, and the loss of companionship also warrant compensation in wrongful death cases. Quantifying these non-economic damages involves illustrating the deep emotional bonds and how the survivors’ lives have been altered.
Loss of companionship and society: This damage addresses the emotional benefits the family received from the deceased, such as guidance and comfort.
Mental anguish: This refers to the psychological turmoil family members endure because of the death. Although intangible, it remains a critical aspect of the harm caused.
Because placing a monetary value on an emotional relationship can be difficult, a wrongful death lawyer typically presents testimonies from survivors, mental health professionals, or close friends who can attest to the extent of the emotional toll. Though challenging to measure, these damages often play a central role in reflecting the full scale of the loss.
Punitive Damages
Under certain circumstances, Texas law allows survivors to pursue punitive damages in a wrongful death claim. These damages, also known as exemplary damages, aim to punish the wrongdoer for especially egregious or malicious behavior.
Gross negligence: The at-fault party must have acted with a conscious disregard for safety, elevating the wrongdoing beyond ordinary negligence.
Intentional acts: If the death resulted from deliberate harm, the court might consider punitive damages to deter similar conduct in the future.
Although punitive damages are awarded infrequently, they can be significant, and judges or juries may grant them in cases where the defendant’s recklessness was extreme. As a wrongful death attorney, I always explore whether the facts might support a punitive claim because it underscores how the negligent or reckless party should face serious consequences for such blatant disregard for others.
Specific Considerations in Texas Wrongful Death Cases
State laws shape wrongful death lawsuits in various ways; Texas has specific laws that determine who can file a claim and how compensation is distributed. Typically, spouses, children, and parents have standing to bring a wrongful death action, while siblings do not.
Each claimant must show how they have been financially and/or emotionally affected by the loss. The court then apportions the damages among survivors according to the evidence.
Two-year statute of limitations: Generally, families have two years from the date of death to file a wrongful death lawsuit in Texas, though exceptions can apply. Missing this window can bar the claim entirely.
Comparative fault: If the deceased was partly responsible for the accident leading to their death, the courts may reduce the damages proportionately.
Being mindful of these conditions helps families avoid procedural pitfalls. Families need to gather relevant documentation quickly, from medical records to witness statements, so their attorney can craft a compelling case.
How Damages Are Calculated
Determining the value of a wrongful death claim usually involves hard data:
Objective calculations: I review income, benefits, and the deceased’s life expectancy to estimate future earnings. Financial or vocational professionals might assist in these calculations.
Witness testimonies: Psychologists or social workers may address the emotional harm the family faces. Medical professionals can discuss any suffering the deceased experienced before passing.
Presentation of intangible losses: While intangible, these damages can be compelling if clearly explained. I typically weave personal anecdotes with professional observations to highlight the emotional void caused by the death.
Although the final decision rests with the court, thorough preparation helps families seek compensation reflective of every dimension of their loss. I can help you bridge the gap between emotion and evidence, giving appropriate importance to intangible aspects.
Key Steps to Pursue a Wrongful Death Lawsuit
The process of seeking compensation for a wrongful death can be emotionally taxing, but I'm here to guide you through each phase:
Investigation: I inspect accident reports, interview witnesses, and collect records to establish liability.
Filing the lawsuit: Once liability is established and the scope of damages is clearer, I initiate the claim in court.
Discovery: Both sides exchange evidence, and witnesses are often deposed about technical or medical aspects.
Negotiations: Many suits settle before trial if both parties can agree on a fair amount. If not, the case proceeds to trial, where a judge or jury determines liability and damages.
The entire process can vary in length depending on the claim, the defendant’s willingness to negotiate, and the need for additional investigation or professional input.
Your Options
Seeking the right legal guidance can help grieving families approach wrongful death actions with clear expectations. I can assist in assessing the claim, gathering evidence, and strategizing how best to demonstrate the impact of the loss.
Families often find that my dedicated support helps them cope with legal processes at a time when emotional distress can overshadow practicality.
Although it can feel overwhelming to consider litigation after a tragic death, the potential for compensation and closure often prompts families to consult a wrongful death lawyer.
The chance to enforce accountability and prevent future harm can also bring a measure of solace. By following the key steps and working closely with legal counsel, families can pursue rightful compensation while focusing on healing from their loss.
Get in Touch Today
At The Fostel Law Firm, PLLC, I guide families through wrongful death claims in Houston, Texas, and beyond, helping them address financial and emotional damages. Survivors may pursue compensation such as lost income, emotional suffering, and possibly punitive awards if the negligence is severe. Although no amount of money can ever replace a loved one, fair compensation can provide stability and closure. Call me for wrongful death assistance today.