When a loved one dies due to someone else’s negligence, your family may face both grief and financial hardship. Texas law gives eligible family members the right to pursue compensation through a wrongful death lawsuit.
Who can file and why it matters
Under Texas Civil Practice & Remedies Code § 71.002, a surviving spouse, child or parent may bring a wrongful death claim. The statute holds a person or corporation liable for damages when a wrongful act, neglect or carelessness causes a death. Filing a claim can help your family recover financially and hold the responsible party accountable.
Three categories of recoverable losses
Texas wrongful death law recognizes several distinct types of damages. Most claims fall into one or more of these categories:
- Lost earning potential: You may seek compensation for the wages and benefits your loved one would have earned over their lifetime.
- Loss of services and companionship: This covers the value of household tasks your loved one performed and the care and support you no longer receive.
- Exemplary damages: Also called punitive damages in other states, these may apply when you can prove malice, fraud or gross negligence.
Each category requires specific evidence to support your claim.
Lost wages and services explained
Your loved one’s income may have supported your mortgage, groceries or childcare. Texas courts can award compensation for that lost earning potential. Courts also consider the dollar value of unpaid work your loved one contributed. Tasks like home repairs or childcare can cost tens of thousands of dollars annually when hired out.
Exemplary damages in Texas
Compensatory damages cover measurable losses. Exemplary damages go further. They serve as a financial punishment for especially harmful conduct. To qualify, you must show that the defendant acted with malice, fraud or gross negligence. This is a higher standard than ordinary negligence.
When to speak with an attorney
Wrongful death claims involve complex evidence and strict filing deadlines. An attorney can help you understand your options and evaluate which losses may apply to your situation. Speaking with a lawyer may clarify how Texas law applies to the specific facts of your case.