I have been advised to file a wrongful death lawsuit as a result of my husband being killed at work by a colleague. What compensation may I be eligible for in Texas?

The compensation you may be eligible for is outlined in the Texas Civil Practice and Remedies Code. It deals with wrongful death and survival lawsuits.

You may be able to recover exemplary and/or actual damages.

Actual damages for wrongful death claims may include:

  • Loss of care, maintenance, support, services, advice, counsel that would have been received from the decedent had the individual lived
  • Loss of companionship and society that would have been received from the deceased
  • Mental anguish sustained because of the loss of the deceased
  • Loss of inheritance

For a survival claim, the damages may include:

  • Pain and mental anguish suffered by the deceased before his or her death
  • Medical expenses incurred by the deceased
  • Funeral and burial expenses incurred for the deceased

Exemplary damages:

  • Exemplary damages may be awarded if an individual’s death was caused by the defendant’s gross negligence, an omission or a willful act.

Other Wrongful Death FAQs:

Holding Wrongdoers Accountable

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