Another question we get asked frequently is what types of compensation are available in a Texas wrongful death case. Under the Texas Wrongful Death Act, Texas law dictates that a plaintiff in a wrongful death case is limited to “actual damages.”
What Are “Actual Damages” in a Texas Wrongful Death Case
Under Texas law, to win a wrongful death case you must provide evidence that you suffered actual damages connected with the loss of your loved one.
Actual damages can include: (1) pecuniary losses, (2) mental anguish, (3) loss of companionship and society, and (4) loss of inheritance.
Pecuniary damages generally refers to money or income but can include loss of the decedent’s earning capacity, advice, counsel, services, care, maintenance, and support.
Mental anguish damages is defined as the emotional pain, torment, and suffering that the plaintiff would, in reasonable probability, experience from the death of a family member.
Loss of Companionship & Society
Loss of companionship and society damages are the positive benefits flowing from the love, comfort, companionship, and society the plaintiff would, in reasonable probability, have experienced if the decedent had lived.
Loss of Inheritance
Loss of inheritance damages are essentially the value that the decedent would, in reasonable probability, have added to the estate and left at natural death to the statutory wrongful-death beneficiaries but for the wrongful act causing the premature death.
Warning – Texas Wrongful Death Act Has Strict Timelines
If a loved one has been killed because of the wrongful conduct of another person, you must act quickly to preserve evidence, and your claim. Texas law imposes strict timelines and deadlines for pursuing a wrongful death claim – missing one of these deadlines can prevent you from ever recovering a penny in compensation.
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Mr. Barrus has suffered the tragic loss of two of his siblings in wrongful death scenarios and knows first-hand how difficult these situations can be emotionally and financially. He understands that you probably have a lot of questions, and don’t know where to turn, or what to do to get the help and guidance you need. That is why we offer this FREE report.
Talk to one of our experienced wrongful death lawyers for FREE. Call us now at (210) 910-4357 to get the help and guidance you need.