{"id":2393,"date":"2024-02-05T22:32:42","date_gmt":"2024-02-05T22:32:42","guid":{"rendered":"https:\/\/wolflawpllc.com\/?p=2393"},"modified":"2024-02-05T23:32:59","modified_gmt":"2024-02-05T23:32:59","slug":"damages-texas","status":"publish","type":"post","link":"https:\/\/wolflawpllc.com\/blog\/wrongful-death\/damages-texas\/","title":{"rendered":"Wrongful Death Damages in Texas Explained"},"content":{"rendered":"
In Texas, the law recognizes the tremendous emotional and financial toll of a loved one\u2019s wrongful death. Certain surviving family members may be able to seek compensation for their losses, also known as damages, by filing a personal injury lawsuit<\/a>.<\/p>\n To recover wrongful death damages<\/a> from the negligent party, you must successfully show the elements of negligence required by Texas law. According to Texas’ wrongful death statute<\/a>, a jury may award the deceased\u2019s family damages in an amount proportionate to the injury resulting from the death. These damages are to be divided among the surviving individuals who are entitled to recover compensation. Retaining a\u00a0Dallas wrongful death lawyer<\/a>\u00a0from Wolf Law, PLLC can help you navigate the complexities of wrongful death claims and potential damages, which can be challenging, especially in your family\u2019s time of grief.<\/p>\n Three primary types of damages that can be collected in Texas wrongful death cases, which include:<\/p>\n Economic damages are compensatory and include your family\u2019s actual financial losses. It is typically easy to calculate the value of these losses. These damages commonly include the following:<\/p>\n Non-economic damages are the intangible losses your family is facing after your loved one\u2019s death. While more difficult to quantify, these damages are equally significant. Non-economic damages in wrongful death claims typically include the following:<\/p>\n Exemplary damages are commonly known as punitive damages. In Texas, exemplary damages can be awarded if your loved one\u2019s death resulted from fraud, malice, or gross neglect on the part of the negligent party. These damages are awarded as a penalty to deter similar misconduct in the future rather than for compensatory purposes.<\/p>\n Exemplary damages can only be awarded if damages other than nominal damages are awarded, which are those awarded if the actual amount of losses cannot be determined or if there are no actual damages. Further, a jury\u2019s determination of the amount of exemplary damages awarded must be unanimous.<\/p><\/blockquote>\n Only the decedent\u2019s surviving spouse or heirs can recover these damages, as their parents may only recover actual economic and non-economic damages.<\/p>\n Among those entitled to file a wrongful death claim for damages are the decedent\u2019s surviving spouse, children, parents, and personal representatives of their estate.<\/p>\n There is no limit on economic damages in Texas wrongful death claims.<\/p><\/blockquote>\nTypes of Wrongful Death Damages in Texas<\/h2>\n
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Economic Damages<\/h3>\n
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Non-Economic Damages<\/h3>\n
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Exemplary Damages<\/h3>\n
Limits on Texas Wrongful Death Damages<\/h2>\n