Damages Commonly Found in a Wrongful Death Lawsuit

No amount of money can undo the loss of someone you love. No settlement or jury verdict will fill the absence left behind or ease the grief that follows a sudden, preventable death. But when the loss of your loved one was caused by someone else’s negligence, recklessness, or intentional misconduct, pursuing a wrongful death claim is about more than money — it is about accountability, and about making sure your family is not left to absorb the financial consequences of a tragedy you did not cause.

The financial impact of losing a family member can be devastating. Medical bills from the final hospitalization, funeral and burial costs, and the sudden loss of income that the deceased was providing can all hit a family at once during an already overwhelming time. Our attorneys are committed to making sure you do not face unnecessary financial hardship on top of your grief. We will bring every resource we have to bear in pursuing the maximum possible recovery for your family.

Understanding how wrongful death damages work under Texas law is an important first step. There are two distinct types of claims available in wrongful death lawsuits in Texas — wrongful death damages and survival damages. Each type of claim serves a different purpose, must be filed separately, and is tailored to the specific plaintiff bringing the claim. An experienced wrongful death lawyer will help your family understand which claims apply to your situation and how to pursue both effectively.

The Two Types of Claims in a Texas Wrongful Death Case

Wrongful Death Damages

Wrongful death damages are pursued by surviving family members for the losses they personally suffered as a result of the victim’s death. These are not damages the deceased could have claimed — they belong specifically to the survivors. Under Texas law, the surviving spouse, children, and parents of the deceased are eligible to file wrongful death claims. There is no cap on the number of wrongful death claims that can be filed in connection with a single death, and each eligible family member may file their own claim reflecting their individual losses.

Plaintiffs seek wrongful death damages for the personal suffering and financial harm they have experienced as a direct result of losing their loved one. These damages commonly include:

Loss of the financial support the deceased provided to the family — including income, benefits, and the economic contributions the victim would have made over the remainder of their working life. For families who depended on the deceased as their primary breadwinner, this category of damages can be substantial and must be carefully calculated with input from financial and vocational experts.

Medical and funeral expenses — the costs of emergency treatment, hospitalization, and end-of-life care, as well as funeral and burial costs, which can easily run into the tens of thousands of dollars and often fall entirely on the surviving family.

Mental and emotional anguish — the grief, trauma, and psychological suffering endured by surviving family members. Texas law recognizes the very real toll that a sudden or traumatic death takes on those left behind, and juries are permitted to award substantial compensation for these non-economic losses.

Loss of companionship, care, and consortium — the intangible but deeply real loss of the relationship itself. Spouses can seek damages for the loss of their partner’s love, support, and companionship. Children can recover for the loss of parental guidance, nurturing, and care. Parents who lose a child can pursue damages for the loss of that relationship as well. Wrongful death damages in this category reflect the human cost of the loss in ways that go beyond any financial calculation.

Survival Damages

Survival damages operate differently. Rather than compensating the surviving family members for their own losses, survival damages allow a family member to step into the shoes of the deceased and pursue the claims the victim themselves could have brought had they survived the accident and lived to file suit. Only one person — typically the executor or administrator of the deceased’s estate — can bring a survival action, acting as a legal representative for the decedent.

Survival damages commonly pursued in Texas wrongful death cases include:

Property damage — compensation for the physical damage done to the deceased’s personal property in the accident, such as a vehicle that was destroyed in the crash that caused the death.

Lost potential income due to catastrophic injuries — had the victim survived with serious injuries, they would have had a claim for diminished earning capacity. The survival action preserves that claim and allows the estate to pursue it even though the victim did not survive.

Lost wages from time away from work — covering the period between the accident and the death, during which the victim was unable to work due to their injuries.

The victim’s physical pain and mental anguish — compensation for the suffering the deceased personally experienced between the time of the injury and the time of death. In cases where the victim survived for hours, days, or weeks after the incident, this category of damages can be significant.

Why Both Claims Matter

Pursuing both wrongful death damages and survival damages ensures that the full scope of harm caused by the death — both to the family and to the victim personally — is captured in the claim. Failing to file one type of claim, or filing both under the wrong legal theory, can result in leaving substantial compensation on the table. An experienced wrongful death attorney will make sure both claims are properly filed, correctly tailored to each plaintiff, and supported by the strongest possible evidence.

Contact Our Wrongful Death Attorneys

If your family has lost a loved one due to someone else’s negligence, our attorneys are ready to help. We handle wrongful death cases on a contingency fee basis — no fees unless we recover compensation for your family. Call today for a free, confidential consultation.