Losing a loved one unexpectedly is difficult both emotionally and financially. When this loss is caused by someone else’s negligence, family members can feel the need to hold someone accountable.
This is possible through a wrongful death claim. A wrongful death claim is a tort action designed to compensate you after the loss of a family member.
Economic and non-economic damages
Compensation, often known as damages, includes economic and non-economic losses. Economic losses are financial losses that are generally easy to calculate, such as funeral expenses, medical bills and loss of income.
Non-economic losses include mental distress, loss of companionship or loss of consortium, which means losing the advantages that come with a spousal relationship. Non-economic damages can be harder to calculate because it can be hard to put a number on these types of losses.
Punitive damages are another form of non-economic loss. Punitive damages are awarded when the situation involved gross negligence or especially egregious conduct. The purpose of punitive damages is to punish the negligent party and discourage others from acting in the same manner.
Limits on damages
Under Texas law, there is no cap on compensatory damages. However, punitive damages are typically capped at $200,000 or twice the amount of economic damages and non-economic damages up to $750,000, whichever is higher.
Recovering compensation in a wrongful death claim requires proving the party who caused your loved one’s death was negligent. This means showing they breached a duty to act with reasonable care and that breach caused the death.
Establishing negligence also requires proving the damages you ask for. For example, if you request $100,000 for mental anguish, you must prove your reasoning for that number.
Examples of ways to prove mental anguish include presenting bills for counseling or therapy you received or the cost of medication you were prescribed for conditions such as depression or anxiety. A daily journal of your feelings can also be evidence showing the mental toll of the unexpected death.
Statute of limitations
There is a two-year statute of limitations for filing a wrongful death claim. The Texas statute typically starts running on the date of the death. If you are planning to file, keep this deadline in mind.