Texas Wrongful Death Damages
In a recent post, we discussed damages that may be recovered in a personal injury case. In this post we will address Texas wrongful death damages that are available when a loved one dies as a result of someone else’s negligence.
As a preliminary matter, it’s important to note the difference between what’s called a wrongful death action and what’s called a survival action. A wrongful death action is a lawsuit brought by the family of the deceased to recover for their own individual losses caused by the death.
The available damages included, loss of the income that the deceased person contributed to support the family, loss of the relationship of the family members with the deceased (such as a child’s loss of a parent), the grief and mental anguish of the family members, and in some cases, loss of inheritance. In Texas, the list of family members entitled to bring a wrongful death action is limited to the spouse, children or parents of the deceased. Usually, grandparents, siblings and friends are not allowed to bring wrongful death actions in Texas.
In contrast, a survival action is a lawsuit essentially brought on behalf of the deceased. The legal representative of the deceased’s estate, who may also have a wrongful death claim of his or her own, brings the survival action. The damages available in a survival action include, the pre-death pain and suffering of the deceased, if any, pre-death medical expenses, if any, and funeral expenses. In some circumstances, where the deceased knew he was about to die for some time prior to the event, the survival action can include fear of death claims.
If you have any questions concerning Texas wrongful death damages, please call a Dallas personal injury lawyer at Braden, Varner & Angelley, PC today for a free no-obligation consultation.