Damages You Can Collect After a Wrongful Death Case

Losing a loved one because of someone else’s negligence is one of the hardest experiences a family can face. While no lawsuit can undo that loss, a wrongful death claim can help surviving family members pursue financial accountability and seek compensation for the harm they have suffered. In Texas, wrongful death claims are governed by Chapter 71 of the Texas Civil Practice and Remedies Code, and Texas law generally gives families two years from the date of death to bring this type of claim. :contentReference[oaicite:0]{index=0}

Medical Expenses Related to the Final Injury or Illness

In many wrongful death cases, the family is left with substantial medical bills from emergency treatment, hospitalization, surgeries, or other care provided before their loved one passed away. These costs can be a major part of the damages sought, especially when the injury involved extensive treatment.

Depending on the circumstances, these losses may be pursued through a wrongful death claim, a survival claim, or both. Texas law recognizes both wrongful death and survival actions under Chapter 71. :contentReference[oaicite:1]{index=1}

Funeral and Burial Costs

Families are often forced to make expensive funeral and burial arrangements while still grieving. These out of pocket expenses can be included in a claim when the death was caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default. Texas wrongful death law is designed to provide a civil remedy when a death was caused in that way. :contentReference[oaicite:2]{index=2}

Loss of Financial Support

One of the most significant forms of damages in a wrongful death case is the loss of the income and financial support the deceased would likely have provided. If your loved one helped pay the mortgage, contributed to household expenses, supported children, or provided future financial stability, those losses may be part of the case.

This can be especially important when the person who died was a primary wage earner or provided long term support to a spouse, child, or parent.

Loss of Services, Care, and Support

Not all losses are reflected in a paycheck. A wrongful death case may also involve the value of the services and support the deceased person provided to the household. This may include childcare, transportation, home maintenance, daily guidance, and other practical contributions that mattered to the family’s daily life.

When a person played a central role in caring for others, that loss can be profound both emotionally and financially.

Mental Anguish and Emotional Losses

Wrongful death damages often include the emotional impact of the loss on surviving family members. The death of a spouse, parent, or child can create deep grief, sorrow, and mental anguish. Families may also seek damages for the loss of companionship, comfort, society, and emotional support.

These damages are often substantial because they reflect the human side of the loss, not just the financial consequences.

Loss of Inheritance

In some Texas wrongful death cases, surviving family members may seek damages for the loss of inheritance they would likely have received if their loved one had lived a normal life expectancy. This may apply when the deceased would reasonably have accumulated savings, assets, or other wealth that would have benefited the family in the future.

Punitive or Exemplary Damages in Some Cases

In certain cases involving especially serious misconduct, additional damages may be available. These are sometimes sought when the facts suggest gross negligence or a particularly reckless disregard for safety. Whether those damages apply depends on the facts of the case and the evidence available.

Why Wrongful Death Cases Require Careful Evaluation

Every wrongful death case is different. The available damages depend on the relationship between the surviving family members and the person who died, the financial and emotional impact of the loss, and the evidence showing what the family has suffered.

Families can review Texas’s wrongful death and survival provisions in the Texas Civil Practice and Remedies Code Chapter 71. They can also review the general filing deadline in Texas Civil Practice and Remedies Code Chapter 16. :contentReference[oaicite:3]{index=3}

Talk With an Austin Wrongful Death Lawyer

If your family lost someone because of another person’s negligence, you may have the right to pursue compensation through a wrongful death claim. These cases can involve complex questions about damages, evidence, and deadlines, so it is important to understand your options as early as possible.

Learn more by visiting our Austin wrongful death attorney page. Treviño Law helps families in Austin pursue accountability and seek compensation after devastating losses.