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When someone files a wrongful death claim in Texas, what compensation may they receive?

Someone who files a wrongful death claim in Texas may be able to recover actual damages and exemplary damages. A wrongful death lawsuit (or survivor’s suit) is filed according to the Texas Civil Practice and Remedies Code Title 4, Chapter 71.

Exemplary damages are awarded as a penalty or punishment but they are never compensation (monetary or otherwise). Actual damages, on the other hand, are meant to compensate the victim or their family for the injury or loss.

Exemplary and actual damages may be awarded when the death of an individual was caused by a defendant’s willful act or omission or gross negligence. Actual damages may include:

  • Loss of inheritance
  • Loss of the love, comfort, companionship and society of the deceased
  • Mental anguish, torment and suffering from a family members death
  • Financial losses, loss of earning capacity and the value of services they would have provided

Other Wrongful Death FAQs:

Holding Wrongdoers Accountable

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