Texas wrongful death law provides surviving family members with the right to recover financial compensation for the full range of losses caused by their loved one's death. Understanding what damages are available is the first step in pursuing full accountability.
Pecuniary Losses — Financial Support
Surviving spouses and children can recover the present value of the financial support the deceased would have contributed during their expected lifetime. This calculation accounts for the deceased's income, benefits, earning trajectory, and life expectancy using actuarial and vocational expert analysis.
Loss of Companionship, Care, and Consortium
Texas law recognizes the non-financial value of a parent, spouse, and child relationship. Surviving spouses and children can recover for loss of companionship and society — the guidance, counsel, and emotional support they have lost. Parents can recover for loss of companionship of a deceased child.
Mental Anguish
The grief, trauma, and emotional suffering experienced by surviving family members is recoverable as mental anguish damages. This is a distinct and significant element of wrongful death recovery in Texas.
Survival Action Damages
In addition to wrongful death damages, the estate can pursue a survival action for damages the deceased suffered before death — including pain and suffering in the hours or days before death, medical expenses, and lost earning capacity.