Under the Texas Wrongful Death Act, surviving family members can seek financial recovery for losses caused by another party’s negligence. While no amount of money can replace your family member, the state allows certain damages to help you recover financially.
Understanding the difference between economic and non-economic damages can help you know what you can pursue in your case.
Economic: Measurable financial losses
Economic damages are measurable financial losses resulting from your loved one’s death. You can typically document them with records, bills and calculations. Specifically, here are some examples you can see in a wrongful death case:
- Lost earning capacity and income: The value of lost wages your loved one would likely have provided. This includes wages, benefits and expected career growth
- Loss of inheritance: These losses are the value of what your loved one probably would have saved and left to you or other beneficiaries
- Medical expenses: This includes any healthcare related to the final injury. Sometimes, you may pursue these through a related survival claim
- Funeral and burial costs: The expenses depend on who paid and how you structured your claim
Your legal representative may use tax returns, employment records and testimony from other professionals to calculate economic costs. In addition, courts and juries look at factors like age, health, education, work history and life expectancy.
Non-economic: Intangible losses
On the other hand, non-economic damages address the emotional losses your family suffered. These losses do not come with receipts, but they are still real and legally recognized. In Texas wrongful death cases, these commonly include:
- Loss of companionship and society: This refers to the relationship, love and emotional support lost
- Mental anguish: Your family’s grief, trauma and emotional pain have worth under Texas law
- Loss of consortium: A spouse can pursue compensation for intangible costs of losing a close relationship. It is often discussed in spousal claims or tied to the marital relationship
Because these damages are subjective, courts rely heavily on evidence showing the quality of your relationship and how the loss affected your daily life. Additionally, evidence includes your testimony, photos and other day-to-day proof of closeness and support.
Court decisions
Ultimately, you and your family can receive fair compensation and justice for your lost loved one under Texas law. While calculations may seem complex, you do not need to navigate the legal process alone. For example, an experienced legal representative can help you compile this evidence and present a compelling case for maximum compensation.