Families facing wrongful death cases endure some of the most devastating legal situations, often struggling with overwhelming emotional and financial burdens they never expected. Surviving family members can pursue compensation for the losses they suffer when another’s negligence or misconduct causes the untimely death of a loved one.
Although understanding the available damages in Houston wrongful death cases can feel challenging, doing so is essential to protecting your family’s future. Reach out to our wrongful death attorneys at Williams Hart & Boundas for a free consultation.
What Are the Types of Damages in Wrongful Death Claims?
According to Texas Civil Practice and Remedies Code § 71.002, wrongful death damages are categorized into two primary types: economic damages and non-economic damages.
Economic Damages
Financial damages you can recover in a fatal injury case include the following:
- Out-of-pocket expenses directly related to the death
- Funeral and burial costs, including cremation and related services, supported by receipts
- Lost income the deceased would have earned based on their age, occupation, education, and career potential
- Loss of inheritance, including the wealth the deceased would have accumulated and passed down to you
- Medical expenses from the time of injury until death, including hospital stays, surgeries, and medications
Our attorneys will fight to secure the full compensation you and your family are entitled to.
Non-Economic Damages
Non-economic damages compensate for subjective, non-monetary losses such as emotional suffering. Although assigning a dollar value to these losses is difficult, they recognize the profound impact of losing a loved one. These damages may include the loss of companionship (the love, affection, support, intimacy, guidance the deceased provided), mental anguish (the emotional pain, grief, and psychological distress caused by the loss), and loss of services (the household contributions the deceased once performed, such as chores or childcare).
Exemplary Damages (Punitive Damages)
Punitive damages, also called exemplary damages, do not compensate the family for their losses in a wrongful death claim in Houston. Instead, they punish the wrongdoer for gross negligence or willful misconduct, aiming to deter similar behavior in the future. In the state, courts may award punitive damages if the death results from malice or gross negligence.
Proving punitive damages requires a very high standard—clear and convincing evidence. State law also places statutory limits on the amount of punitive damages a court may award.
Our lawyers could help you identify the types of damages you may be entitled to and help you seek maximum compensation.
Factors Influencing Damage Awards
Several factors determine the amount of damages awarded in a Houston wrongful death case:
- Earning Power: A higher earning capacity usually results in greater economic damages
- Age and Health: Younger and healthier individuals typically generate higher economic damages, especially for lost earning capacity
- Jury Perception: The jury’s interpretation of the evidence and the emotional weight of your case can heavily influence the final award
- Evidence of Negligence: Clear, compelling evidence of the defendant’s negligence or misconduct strengthens your claim for both compensatory and punitive damages
- Relationship to the Deceased: The closer your relationship, the greater the potential for non-economic damages, and state law allows spouses, children, and parents to file wrongful death claims
Our attorneys use their experience and knowledge to guide you through these laws and explain how they affect the compensation you and your family may receive.
The Role of Legal Representation
Wrongful death claims quickly become complex, especially when calculating damages. You need experienced legal counsel who understands how these cases work. A skilled Houston attorney investigates the circumstances, establishes liability, and gathers and presents evidence to support your wrongful death claim for both economic and non-economic damages.
Our team collaborates with financial experts, economists, and vocational specialists to accurately project your losses. We negotiate directly with insurance companies to secure a fair settlement. If negotiations fail, we represent your family in court to fight for the compensation you deserve.
Call a Houston Lawyer Today To Discuss Damages in a Wrongful Death Case
Losing a loved one is devastating. When another’s wrongful act causes that loss, the legal system gives you a path to seek justice. Families often begin this process by learning about the different types of damages in Houston wrongful death cases. Take action today—contact the lawyers at Williams Hart & Boundas to protect your rights and pursue the compensation you deserve.