Losing a loved one due to someone’s negligence is devastating, leaving families overwhelmed by grief and unexpected financial burdens. Medical bills, funeral expenses, and the loss of income often add tremendous stress. In Texas, wrongful death claims offer a way for families to seek justice and recover essential financial support.

Understanding the types of compensation available is key to securing the relief families need. A Houston wrongful death lawyer can help recover damages such as medical costs, funeral expenses, lost financial support, and loss of companionship. With the right legal guidance, families can navigate the process more confidently and pursue the compensation they deserve.

What Is a Wrongful Death Case in Texas?

In Texas, a wrongful death case arises when someone dies due to the negligence, recklessness, or intentional actions of another party. According to Chapter 71 of the Texas Civil Practice & Remedies Code, wrongful death can occur in a variety of circumstances, such as car accidents, medical malpractice, workplace accidents, and defective products.

Eligibility to File a Claim

Only certain individuals are legally eligible to file a wrongful death claim under § 71.002 of the Texas Civil Practice & Remedies Code, including:

Surviving Spouse

The surviving spouse can file a wrongful death claim under Texas Civil Practice & Remedies Code § 71.002 to seek compensation for lost financial support and the emotional loss of companionship. This includes both tangible contributions and non-economic damages like grief and mental anguish.
Children (Biological or Legally Adopted)

Children may pursue damages under Chapter 71 for the loss of parental guidance, care, and financial support. They can also seek compensation for emotional pain and suffering caused by the death.
Parents (If No Spouse or Children Exist)

If there is no surviving spouse or children, parents can file a claim under § 71.002 to recover for the loss of their child’s support and companionship. Compensation also accounts for the emotional impact and grief experienced by the parents.

These individuals can pursue compensation for both the financial and emotional impact of their loss. Claims must generally be filed within two years of the deceased’s death according to Texas Civil Practice & Remedies Code § 16.003.

Compensation in Texas Wrongful Death Cases

In Texas, wrongful death claims are designed to address both economic and non-economic losses, and in certain cases, punitive damages may be awarded. Each of these compensation types plays a vital role in helping surviving family members recover after a tragic loss.

Economic Damages

Economic damages are tangible, financial losses that can be directly calculated and quantified. These damages are intended to help families recover the financial burdens caused by the death.

Funeral and Burial Expenses: Families can recover the costs associated with funeral services, burial, and related expenses.
Medical Bills: If the deceased incurred medical expenses prior to their death, these can be included in the personal injury claim or wrongful death compensation.
Lost Income and Future Earnings: This covers the loss of wages, salary, and benefits that the deceased would have provided had they survived, including cases arising from car accidents.
Loss of Household Services: If the deceased contributed to household chores (e.g., childcare, home repairs), the family may be compensated for the value of these services.

Non-Economic Damages

While economic damages cover tangible losses, non-economic damages focus on the emotional and psychological toll of losing a loved one. These damages acknowledge the pain, suffering, and emotional distress that survivors experience.

Loss of Consortium: This refers to the loss of companionship, love, and support provided by the deceased, particularly for spouses, which can arise in cases like wrongful death lawsuits.
Loss of Parental Guidance: Children who lose a parent may be compensated for the loss of advice, care, and guidance.
Mental Anguish and Suffering: Families can receive compensation for the emotional pain and suffering they endure, as seen in personal injury cases.

Punitive Damages

Punitive damages are awarded to punish the defendant for egregious or intentional misconduct and to deter similar behavior in the future. These damages are separate from compensatory damages, which aim to compensate the victim’s family. Punitive damages are typically awarded in cases involving gross negligence or intentional harm, such as drunk driving accidents or intentional acts of violence.

In Texas, punitive damages are subject to caps, which limit the total amount that can be awarded. Courts consider the severity of the defendant’s actions, their financial capacity, and whether the damages will have a deterrent effect on future misconduct.

Houston Wrongful Death Claim Process

Filing a wrongful death claim in Houston, Texas, involves several key steps, from establishing eligibility to file to negotiating or litigating the compensation amount.

Filing the Claim

To file a wrongful death claim, the surviving family members (spouse, children, or parents) must prove that the death occurred due to another party’s negligence or wrongful act. Consulting a wrongful death attorney can help ensure the legal process is handled properly.

Statute of Limitations

In Texas, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased person’s death. Missing this deadline can result in the loss of the right to pursue compensation. Certain exceptions may apply, so it is important to speak with a personal injury or wrongful death lawyer as soon as possible.

Role of an Attorney

Our experienced wrongful death lawyer will guide families through the legal process, help gather evidence, negotiate with insurance companies, and represent the family in court if needed.

Factors Affecting Wrongful Death Compensation

The total compensation in a wrongful death case depends on both tangible and intangible factors. Courts carefully evaluate the deceased’s financial contributions, the family’s emotional loss, and the circumstances surrounding the death. Each case is unique, so outcomes can vary widely depending on these factors.

Age and Health of the Deceased: Younger individuals with longer life expectancy typically result in higher compensation amounts due to lost future earnings.
Economic Contributions: The deceased’s income and role in the family’s financial support will directly affect compensation for lost wages, as in many car accident compensation cases.
Emotional Impact: The severity of emotional distress experienced by the survivors also plays a role in the calculation of non-economic damages.

Causes of Wrongful Death in Houston

Wrongful death in Houston can result from many types of accidents and negligence. Each incident involves unique circumstances that affect liability and compensation. Understanding the most common causes helps families recognize when they may have a valid claim.

Car Accidents: Houston’s busy roads often see fatal car accidents due to reckless driving, speeding, or distracted driving, which may lead to car accident claims.
Truck Accidents: Commercial trucks can cause catastrophic injuries or fatalities, particularly when drivers are fatigued or violating safety regulations, as detailed in types of truck accidents.
Medical Malpractice: Negligent actions by healthcare providers can lead to wrongful death, particularly in cases involving surgical errors or misdiagnoses.
Workplace Accidents: In Houston’s industrial sectors, workplace accidents, particularly in construction and manufacturing, are common causes of wrongful death, similar to workplace injury claims.

How a Wrongful Death Attorney Can Help

A Houston wrongful death lawyer can guide families through every step of the legal process, helping them understand their rights and options. From gathering evidence to negotiating with insurance companies, they work to maximize compensation. If necessary, the lawyer will also represent the family in court to ensure their case is fully advocated.

Building a Strong Case: Gathering evidence, interviewing witnesses, and obtaining expert testimony to support the claim, as in wrongful death lawsuits.
Negotiating Settlements: Lawyers negotiate with insurance companies to secure fair compensation for both economic and non-economic damages.
Trial Representation: If a settlement cannot be reached, an attorney will take the case to court, advocating for the family’s right to compensation.

Contact a Houston Wrongful Death Lawyer

Understanding the types of compensation available in wrongful death cases, including economic, non-economic, and punitive damages, can help families navigate the legal process after a tragic loss. Each case is unique, and factors affecting compensation can significantly impact the outcome.

Families in Houston, Texas, who have lost a loved one due to someone else’s negligence should consult Abogada Kim Bruno. Acting promptly with legal support can help secure fair compensation, provide guidance through the process, and hold responsible parties accountable.