What Damages Are Available in Wrongful Death Cases?

The loss of a loved one due to another party’s negligence or wrongful conduct can leave families facing emotional, financial, and personal hardship. In Texas, wrongful death claims allow surviving family members to seek compensation for certain losses resulting from the death.

While no legal action can replace a loved one, wrongful death litigation can help families pursue accountability and financial recovery during an incredibly difficult time.

At Barr Law, PLLC, we represent families in wrongful death litigation and help clients understand the legal remedies available under Texas law.

What Is a Wrongful Death Claim?

A wrongful death claim arises when a person dies due to the wrongful act, carelessness, neglect, or default of another party.

Wrongful death cases may involve:

  • Car and trucking accidents
  • Workplace incidents
  • Dangerous property conditions
  • Defective products
  • Medical negligence
  • Drownings and other preventable accidents


Texas law allows certain surviving family members to pursue damages related to the loss.

Who Can Recover Damages in Texas Wrongful Death Cases?

Under Texas law, wrongful death claims are generally brought by:

  • Surviving spouses
  • Children
  • Parents of the deceased


The damages available depend on the facts of the case and the losses suffered by surviving family members.

Types of Damages Available in Wrongful Death Cases

Economic damages compensate surviving family members for measurable financial losses.

These may include:

Loss of Financial Support

Compensation for income and financial contributions the deceased would likely have provided.

Loss of Household Services

The value of services the deceased performed, such as childcare, maintenance, or caregiving.

Medical Expenses

Certain medical costs related to the final injury or illness may be recoverable.

Funeral and Burial Expenses

Reasonable funeral and burial costs may also be included.

Non-Economic Damages

Non-economic damages address the emotional and personal impact of the loss.

Mental Anguish

Compensation for emotional pain, grief, and suffering experienced by surviving family members.

Loss of Consortium

In some cases, spouses may recover damages related to the loss of the marital relationship. Parents and children may also seek damages for the loss of love, comfort, guidance, and emotional support, which is also known as the loss of companionship and society.

Exemplary (Punitive) Damages

In certain cases involving gross negligence or willful misconduct, Texas courts may award exemplary damages.

These damages are intended to punish particularly egregious conduct and deter similar behavior in the future.

Examples may include:

  • Intoxicated driving fatalities
  • Extreme recklessness
  • Intentional harmful conduct


Not every wrongful death case qualifies for exemplary damages. For example, a domestic violence resulting in a murder-suicide falls into this category.

Survival Claims vs. Wrongful Death Claims

Texas law distinguishes between:

  • Wrongful death claims, which compensate surviving family members for their losses, and
  • Survival claims, which address damages the deceased person could have pursued had they survived.


Survival claims may involve:

  • Pain and suffering before death
  • Medical expenses
  • Other losses suffered by the deceased prior to passing away


These claims are often pursued alongside wrongful death actions.

Why Legal Guidance Matters

Wrongful death litigation can involve:

  • Insurance disputes
  • Questions about liability
  • Expert testimony
  • Complex damages calculations


Insurance companies often attempt to minimize payouts or dispute responsibility. Early legal representation helps protect important evidence and preserve your rights.

At Barr Law, PLLC, we guide families through wrongful death litigation with professionalism, compassion, and focused advocacy.

Barr Law, PLLC: Wrongful Death Litigation Representation

If you have lost a loved one due to negligence or wrongful conduct, you may have legal rights under Texas law.

Barr Law, PLLC represents families in wrongful death litigation and works to pursue accountability and fair compensation on behalf of surviving loved ones.