Wrongful Death Actions: Who Can Sue and Recoverable Damages Beyond Economic Loss
Losing a loved one due to someone else's negligence is one of the most devastating experiences a family can endure. If you're facing such a tragedy, you're likely burdened with both emotional grief and the difficulties of addressing potential legal claims. However, it's important to note that you do not have to face these challenges alone.
At Pakis, Giotes, Burleson & Deaconson, P.C., we are here to guide you through the process of pursuing a wrongful death lawsuit while protecting your rights and helping you understand the full scope of recoverable damages available in a wrongful death case. We serve clients in Waco, Texas, and throughout the surrounding communities. Schedule a consultation today to get the help you need.
Damages in Wrongful Death Claims
One of the most pressing questions for families pursuing a wrongful death lawsuit is what types of damages they may recover. While no amount of compensation can truly account for the loss of a loved one, the legal system provides a framework for financial recovery to help ease the resulting burdens. Texas law allows for the recovery of both economic and non-economic damages, as well as exemplary damages in certain cases.
Economic Damages
Economic damages are tangible financial losses that can be calculated and proven with documentation such as receipts, bills, and pay stubs. These damages are intended to reimburse the family for out-of-pocket expenses and lost financial contributions resulting from the death. Common examples include:
Lost earning capacity: The income the deceased would have been reasonably expected to earn and contribute to the family throughout their lifetime.
Loss of inheritance: The value of assets the deceased would have likely accumulated and left to their heirs had they lived a full life.
Medical expenses: The costs of medical treatment the deceased received for their final injury or illness before their death.
Funeral and burial costs: Reasonable expenses associated with the funeral service and burial or cremation.
Non-Economic Damages
Non-economic damages compensate for the profound, intangible losses that do not have a specific dollar value but represent the deep personal impact of the death on the surviving family members. These damages acknowledge the emotional and relational devastation caused by the loss. They include:
Loss of companionship, society, and love: This compensates for the loss of the deceased’s companionship, affection, and emotional support, while recognizing the distinct relationship each family member shared with the deceased.
Loss of parental guidance: This is specifically for surviving children who have lost the care, guidance, and nurturing of a parent. It recognizes the lifelong impact of growing up without a parent's support and wisdom.
Mental and emotional anguish: This addresses the severe emotional pain, grief, and suffering experienced by the surviving family members as a direct result of their loved one's wrongful death.
Exemplary Damages
In cases where death is caused by gross negligence or a willful act, Texas law allows recovery of exemplary damages (also known as punitive damages). These damages are meant to punish the wrongdoer and deter similar conduct in the future. While they are not available in every wrongful death claim, they can play a critical role in highlighting the egregious nature of the responsible party's actions.
Filing Deadlines for a Wrongful Death Lawsuit
Texas law sets a time limit for filing a wrongful death claim, known as the statute of limitations. Generally, eligible family members must file their lawsuit within two years from the date of the deceased's passing. There are limited exceptions to this rule, such as cases involving minors or intentional concealment of wrongdoing by the liable party. It is important to make sure your claim is filed within the required timeframe.
Who Can File a Wrongful Death Lawsuit in Texas?
Under the Texas Wrongful Death Act, only certain individuals are authorized to file a wrongful death claim. These parties include:
The surviving spouse: Whether legally married or in a common-law marriage, the spouse of the decedent has standing to bring a claim.
Children of the deceased: This includes both biological and legally adopted children, regardless of age.
Parents of the deceased: Both biological and adoptive parents may file suit.
It is important to note that siblings—whether biological, half, or adopted—are not eligible to bring a wrongful death claim in Texas. Additionally, family members may pursue the claim individually or collectively. If none of the eligible parties file a suit within three months of the death, the executor or administrator of the deceased’s estate may initiate the claim unless all eligible family members explicitly request otherwise.
Compassionate & Comprehensive Legal Assistance
At Pakis, Giotes, Burleson & Deaconson, P.C., we are committed to guiding families through this difficult legal process with care, professionalism, and a focus on justice. Our experienced attorneys have an in-depth understanding of Texas wrongful death laws and will work tirelessly to recover the damages your family is entitled to. By addressing both economic and non-economic losses, as well as exploring eligibility for exemplary damages, we see to it that no aspect of your claim is overlooked.
If your family is facing the devastating consequences of a wrongful death, contact us today to schedule a consultation. Together, we can seek justice for your loved one and help secure your family’s future. We serve clients in Waco, Texas, and throughout the surrounding communities.