In a Texas wrongful death case, surviving family members can recover damages including the deceased’s lost future income, loss of companionship and society, mental anguish, and funeral and burial expenses. In cases of gross negligence or intentional misconduct, exemplary (punitive) damages may also be available.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

Overview of Texas Wrongful Death Damages

Texas wrongful death law, codified at Tex. Civ. Prac. & Rem. Code §§ 71.001–71.012, entitles qualifying family members — the surviving spouse, children, and parents of the deceased — to seek compensation for the full range of losses they have suffered because of their loved one’s death. Texas courts recognize both economic (pecuniary) and non-economic damages in wrongful death cases, and most wrongful death claims are not subject to a damages cap.

Economic Damages: Pecuniary Loss

Pecuniary loss refers to the financial harm that surviving family members suffer as a result of the death. This is often the largest single category of damages in a wrongful death case involving a working adult.

Lost Income and Future Earnings

The family is entitled to recover the income the deceased would have earned over their expected working life had they not been killed. This calculation takes into account:

The deceased’s current salary or wages and employment history
Career trajectory, expected raises, and promotions
Employee benefits including health insurance, retirement contributions, and stock options
The deceased’s life expectancy and expected retirement age
Present value reduction (the economic concept that future dollars are worth less than current dollars)

Economic experts and vocational consultants are frequently retained to calculate and testify about the projected lifetime earnings the family has lost.

Loss of Household Services

Beyond wages, the deceased may have provided substantial household services — cooking, childcare, yard maintenance, home repairs, financial management — that now must be replaced at a cost. The value of these services is a recoverable pecuniary loss.

Non-Economic Damages

Loss of Companionship and Society

Loss of companionship and society compensates surviving family members for the loss of the positive benefits — love, affection, comfort, solace, and guidance — that came from their relationship with the deceased. This is a highly personal category of damages that reflects the unique nature of each family relationship.

For a spouse, this encompasses the loss of a life partner — the shared experiences, emotional support, and intimacy of marriage. For children who lost a parent, it includes the loss of parental guidance, mentorship, and a nurturing presence through the formative years of their lives. For parents who lost a child, it reflects the profound loss of a relationship unlike any other.

Mental Anguish

Mental anguish damages compensate surviving family members for the grief, sorrow, depression, and emotional trauma caused by the loss of their loved one. Texas courts recognize that the psychological impact of a sudden, wrongful death can be severe and long-lasting. Mental anguish damages are separate from loss of companionship and reflect the subjective emotional suffering of each family member.

Funeral and Burial Expenses

Reasonable funeral and burial costs — including the casket or urn, funeral services, burial plot, headstone, and related expenses — are recoverable as wrongful death damages. These are direct out-of-pocket costs resulting from the wrongful act.

Survival Claim Damages Under § 71.021

In addition to the wrongful death claim, the deceased’s estate may pursue a survival claim under Tex. Civ. Prac. & Rem. Code § 71.021. A survival claim is separate from the wrongful death claim and compensates for the losses the deceased personally suffered between the time of injury and the time of death. Survival claim damages include:

Physical pain and suffering — the pain the deceased experienced from the moment of injury until death
Mental anguish — the emotional distress the deceased suffered before death
Lost earnings from the time of injury to death — wages and income the deceased lost between the injury and their death
Medical expenses incurred for treatment before death
Disfigurement suffered before death

The survival claim belongs to the estate, not to individual family members, and is typically filed alongside the wrongful death claim. Both claims can and should be pursued simultaneously when applicable.

Exemplary (Punitive) Damages

Texas law allows for exemplary damages in wrongful death cases where the defendant’s conduct constituted gross negligence or an intentional act. Gross negligence is defined under Tex. Civ. Prac. & Rem. Code § 41.001 as an act or omission involving an objective extreme degree of risk, combined with the defendant’s actual, subjective awareness of that risk and conscious disregard of it.

Examples of conduct that may support punitive damages in a wrongful death case include:

Driving while intoxicated — a drunk driver who causes a fatal accident may be found grossly negligent
Intentional acts such as assault
A company that knowingly allowed defective products or equipment to remain in service despite known fatal risks
Gross workplace safety violations that an employer knew created a risk of death

Punitive damages are subject to caps under Tex. Civ. Prac. & Rem. Code § 41.008. The general cap is the greater of $200,000 or two times the amount of economic damages plus an amount equal to non-economic damages (not to exceed $750,000). However, in cases involving certain felony-level intentional acts, the cap does not apply.

No General Cap on Most Texas Wrongful Death Damages

Unlike some states, Texas does not impose a general cap on wrongful death damages in non-medical-malpractice cases. There is no limit on the pecuniary loss, loss of companionship, or mental anguish damages that a jury can award in cases arising from car accidents, drunk driving, workplace negligence, premises liability, or product liability. Medical malpractice wrongful death cases are subject to the cap under § 74.301.

The Statute of Limitations

Wrongful death claims in Texas must be filed within two years of the date of death under Tex. Civ. Prac. & Rem. Code § 16.003. Both the wrongful death claim and the survival claim share this two-year deadline. Do not wait to consult an attorney — evidence must be preserved quickly and the deadline is strictly enforced.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Frequently Asked Questions

What is the most significant category of damages in a Texas wrongful death case?

For most working adults, pecuniary loss — specifically lost future income — is often the largest single category. However, non-economic damages for loss of companionship and mental anguish can be equally significant, particularly in cases involving the death of a parent, spouse, or young child.

Are wrongful death damages taxable in Texas?

Generally, compensatory damages received in a personal injury or wrongful death lawsuit are not subject to federal income tax under IRC § 104. However, you should consult a tax professional about your specific situation, particularly regarding punitive damages and interest.

Can parents recover wrongful death damages for the death of an adult child in Texas?

Yes. Parents have standing to file a wrongful death claim under § 71.004 regardless of the age of the deceased child. They can recover for loss of companionship, mental anguish, and pecuniary contributions the adult child provided or would have provided.

What is the difference between wrongful death damages and survival claim damages?

Wrongful death damages compensate surviving family members for their own losses following the death. Survival claim damages under § 71.021 compensate the estate for what the deceased personally suffered — including pre-death pain, suffering, and lost earnings — between the injury and the time of death.

Is there a cap on wrongful death damages in Texas?

There is no general cap in most wrongful death cases. Medical malpractice wrongful death cases are subject to a cap on non-economic damages under § 74.301. Punitive damages in all cases are capped under § 41.008, with exceptions for certain intentional felony acts.

How is the value of a lost life calculated in a Texas wrongful death case?

There is no fixed formula. Economic experts calculate lost income based on the deceased’s age, occupation, education, and earning history. Non-economic damages such as loss of companionship and mental anguish are determined by a jury based on the evidence and arguments presented at trial.

Can funeral expenses be recovered in a Texas wrongful death lawsuit?

Yes. Reasonable funeral and burial expenses are a recognized category of wrongful death damages in Texas and can be included in your claim.