A wrongful death claim in Texas arises when a person’s death is caused by another party and results from a wrongful act, neglect, carelessness, unskillfulness, or default.
Under Texas law, a wrongful death claim can provide compensation to the deceased person’s surviving spouse, children, and parents.
The damages they receive are intended to reimburse them for the losses they have experienced as a result of the death.Â
Families who are uncertain what losses they can recover in a wrongful death settlement in Texas can seek Sugar Land wrongful death claim guidance based on the circumstances of their case.
Legal Requirements for Filing a Wrongful Death Claim
To file a wrongful death claim in Texas, the case must meet the state’s legal standards. The claimants must show:
- Evidence that the death occurred due to a wrongful act or negligence;
- They have the right to take legal action on a wrongful death case in Texas;
- The person filing the claim has sustained financial damage as a resul tf the death.
Lost Income And Financial Support
If the deceased person contributed to a household financially, their death results in a substantial loss of income. This loss can be claimed.Â
When calculating the monetary compensation, the following factors are usually considered:
- income before death;
- age and health;
- occupation and employment history;
- expected career progression;
- benefits and other compensation;
- expected remaining working years.
To support the claim, the person or persons filing the claim will need to provide supportive evidence:
- pay records
- tax returns
- employment records
For a more comprehensive evaluation of the loss, expert economic analysis may also be included.Â
Loss of Household Services
Not every financial contribution comes with a paycheck. A deceased family member may have provided essential services that surviving relatives may now need to manage themselves. Or they may need to hire someone else to provide these services. This may include childcare, homemaking, cooking, and other household responsibilities. The cost of replacing these services can also be claimed in a wrongful death claim.
Loss of Companionship and Guidance
In Texas, wrongful death damages can also include the loss of the relationship itself. A surviving spouse may have lost companionship and emotional support. Children will have to grow up without prenatal guidance and care. Parents grieve the loss of a relationship with a child.
These are considered non-economic losses. Because they are non-economic, no one bill or receipt can establish their value. But the Texas Supreme Court emphasizes that loss-of-companionship damages should reflect the actual relationship and its loss rather than being tied to economic damages.Â
To evaluate the loss of companionship, claimants must present evidence that demonstrates a “rational connection” between the financial amount they are requesting and the loss of relationship.
Such evidence may include:
- testimonies from friends and family that support the existence of a deep familial bond;
- photos, videos, journal entries, text messages, etc. that show shared enjoyment of life;
- therapy records that document the emotional impact of loss,Â
- and similar supporting information.
Mental Anguish
Surviving family members may also seek damages for emotional suffering caused by the death of a loved one. Evidence of mental anguish may include:
- testimony about the survivor’s grief and emotional response;
- changes in everyday life;
- mental-health records may also be relevant.
Loss of Inheritance
Loss of inheritance may also be included in a wrongful death claim in Texas. Inheritance in this case refers to the value of assets the deceased person would have accumulated and left to the beneficiary or beneficiaries – had they lived a normal life expectancy.
The calculation may include:
- expected earnings;
- typical spending habits;
- savings;
- Investments;
- age;
- and anticipated working life.Â
As the claim concerns a future financial loss, it is particularly important to support it with existing financial records and expert testimony.
What Affects the Value of a Wrongful Death Claim?
Wrongful death claims in Texas are not tied to any standard dollar amount. Their value depends entirely on the suffered loss.
Relevant factors include the deceased person’s income, their expected future earnings, the financial support and household services they provided, their relationship with surviving family members, and evidence of mental anguish and loss of companionship
Liability also matters here. Texas follows a modified comparative fault rule. If the deceased was also partially responsible for the accident that led to their death, this will reduce the amount of compensation surviving family receives. And, if the percentage of their fault exceeds 50%, the recovery of damages may become impossible.
Documentation Helps Demonstrate the Scale of Loss
Losing a loved one is heartbreaking. This pain and loss are evident to surviving family members and friends. But in a wrongful death claim, this loss needs to be properly documented.
Economic losses can be supported through tangible financial records: tax returns, employment and income records, benefit statements, etc.
Non-economic losses require a different type of proof. The claimants will need to collect statements from those who knew the family well that can attest to the quality of the relationship and how their lives changed after the death.