There is no formula. The value depends on who the family members are, what the person contributed to them financially and personally, how the death happened, and how much insurance is available. Texas lets a jury award damages proportionate to the injury the death caused, divided among the surviving spouse, children, and parents.
A wrongful death case in Texas belongs to the surviving spouse, children, and parents of the person who died, under Civil Practice and Remedies Code section 71.004. Section 71.010 lets the jury award damages proportionate to the injury resulting from the death and divide them among those family members in the shares the jury finds.
The losses fall into a few groups. Economic losses include the income and benefits the person would have provided, household services, and the value of advice and care. Non-economic losses include loss of companionship and society and the mental anguish of the family. A separate survival claim, brought by the estate, can recover what the person suffered before death and medical and funeral costs.
Several facts move the value: the person’s age and earning capacity, the closeness of each relationship, the dependency of children, and how the death occurred. Where the death resulted from gross negligence, Chapter 41 allows exemplary damages, subject to statutory limits with some exceptions.
Insurance often sets the practical ceiling. A driver with a minimum policy and few assets may not be able to pay a judgment, so the investigation looks for every source: employers, commercial policies, a bar under the dram shop law, a rideshare policy, and the family’s own underinsured motorist coverage.
The person who died may also have had their own claims at the moment of death. The survival claim under section 71.021 lets the estate recover what the person would have recovered had they lived, including conscious pain and suffering before death and medical expenses. Those damages are separate from the family’s wrongful death damages, and both should be valued.
Fault rules apply here too. Under Chapter 33, the recovery is reduced by any percentage of responsibility assigned to the person who died, and barred if that share is more than 50 percent. The evidence of how the crash happened therefore matters as much as the evidence of the family’s loss.
Online averages do not reflect any particular family’s case. Owsley Law Firm reviews the facts with the family at no charge, explains what the claim can include, and charges no fee unless it recovers.
Texas also limits how certain evidence is used against a surviving spouse. Under section 71.005, evidence of the spouse’s actual ceremonial remarriage is admissible if true, but the defense may not mention a common-law marriage, an extramarital relationship, or the spouse’s marital prospects. Rules like that keep the focus on the loss the death caused.
Damages awarded in a wrongful death action are not subject to the debts of the deceased under section 71.011. That means creditors of the person who died cannot reach the family’s wrongful death recovery, which is different from the survival claim, whose proceeds pass through the estate.
Each family member’s loss is considered separately. A spouse’s loss of support and companionship is different from a child’s loss of a parent’s guidance or a parent’s loss of an adult child. The jury divides the award among them in the shares it finds.
Economists and other experts may be used to calculate lost earnings and household services over a lifetime. Their work turns a person’s career, benefits, and work life expectancy into figures a jury can evaluate.
Mistakes that cost people money
- Accepting an early offer before every insurance source is identified.
- Assuming the at-fault driver’s minimum policy is the limit of the claim.
- Not pursuing the separate survival claim through the estate.
Related questions
Are funeral costs recoverable?
Yes. Medical and funeral expenses are typically recovered through the estate’s survival claim.
Are wrongful death damages taxed?
Tax treatment depends on the type of damages. Families should consult a tax professional about their specific settlement.
Can damages be reduced if the person who died was partly at fault?
Yes. Proportionate responsibility applies, and the family recovers nothing if the person who died was more than 50 percent responsible.
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