Can you seek non-economic losses in a Texas wrongful death claim?

| Jun 8, 2021 | Personal Injury |

Economic losses are frequently a top concern in Texas wrongful death claims. Surviving family members desperately need compensation for the wages their loved one won’t earn, the medical bills accrued before they died and the cost of their funeral.

Being able to file a civil lawsuit against the person or business responsible and request compensation for those provable losses is important for the financial solvency of a family coping with a tragedy and community justice.

Of course, not every consequence of an unexpected death will have a clear price tag. There are many losses you will have to cope with after the death of a loved one that don’t necessarily have direct costs attached to them. Can you ask the courts to compensate you for non-economic damages in a Texas wrongful death claim?

Texas courts will consider certain kinds of non-economic losses

When you file a wrongful death lawsuit against a drunk driver or a business that created dangerously defective products, you will have paperwork affirming some of the losses you claim, while others may be harder to put a price on accurately.

You can calculate what your loved one would have likely earned, but how do you put a price on their pain and suffering before they die? How much should you ask for on your own behalf due to the love, comfort, companionship and society that your deceased family member can no longer provide?

The Texas courts will allow you to seek compensation for both of these categories of losses, as well as lost inheritance and the loss of their services and maintenance in your family home. Even their advice and counsel could be part of the claim for non-economic damages that you submit during a wrongful death lawsuit.

How do you put a price on something that is priceless?

Although there are certainly professionals that can offer advice in lieu of your loved one, they can’t commit the same amount of time to getting to know you and understanding your life.

It can be difficult to equate the familial support and services offered by a loved one with the services of a professional, but that is often the simplest means of assessing an economic value for losses that don’t have a clear price attached to them. You may need help to create a reasonable price for such losses.

The better that you understand your rights as a surviving family member in Texas, the easier it will be for you to push for the maximum compensation possible in a wrongful death lawsuit.