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What Wrongful Death Damages Are Recoverable in Texas?

Losing a family member in a motor vehicle accident causes significant financial waves that can ripple through your life. Medical expenses, funeral expenses, and loss of income are common, and surviving family and dependents can pursue compensation for their losses. Recovering financial compensation for these losses and expenses can help ease some of the burdens associated with the loss of a loved one.

Wrongful Death Compensation in Texas

Texas statutes allow family, including parents, spouses, or children, to pursue damages for loss of income, as well as the loss of consortium. This enables spouses and dependents to seek compensation for the estimated lost income, as well as the loss of affection and companionship the deceased will no longer provide.

Individuals can also pursue loss of inheritance for assets that would have accumulated had the individual survived the motor vehicle accident. For example, estimated contributions and growth of retirement, investment, and other accounts, as well as the maturation of real property.

Family members can recover compensation for the mental anguish caused by the loss of a loved one. This compensation can help cover the cost of counseling and other needs that help the family process the loss and move forward as best as possible with their lives.

Texas wrongful death statute allows individuals to pursue compensation for pecuniary damages. These are damages that the deceased's beneficiaries would have received if the individual had survived the accident. These include the value of maintenance, physical/emotional care, financial support, personal guidance, etc.

Finally, family members can also pursue compensation under the Survival Statute for expenses directly associated with the accident that resulted in the deceased's death. These include the cost of emergency medical transportation and care, hospitalization, surgical procedures, funeral expenses, and property damage.

Relationship With the Deceased

Texas statutes allow surviving parents, married spouses, common-law spouses, and children to pursue wrongful death compensation. Spouses who are separated at the time of death can still seek this compensation. However, Texas law does not recognize same-sex unions. Thus, surviving partners in these relationships are not eligible to pursue claims. Similarly, siblings cannot file and pursue wrongful death claims in Texas.

Contact Welmaker Injury Law at (800) 494-1916 for more information about wrongful death compensation in Texas. We will answer your questions and help you recover the funds you're entitled to following the death of a family member.