When you lose someone you love unexpectedly, it’s not just grief you’re left with. It’s questions, bills, lost stability, and a deep sense of injustice.
In Texas, the law allows surviving family members to pursue wrongful death claims to help ease some of that burden. While no amount of money can undo the loss, compensation can provide some measure of justice and much needed support in a time when everything feels uncertain.
At O’Hare and Koch Law Firm, we stand with families in Dallas, Carrollton, and across North Texas as they take steps toward justice. Below is an overview of the types of damages available in a Texas wrongful death lawsuit.
Economic Damages – The Measurable Losses
These are the financial consequences that arise directly from your loved one’s death. These expenses may include:
- Funeral and burial expenses
- Medical bills for care provided before death
- Lost income and benefits your loved one would have contributed over their lifetime
- Loss of household services, like caregiving, home maintenance, and other responsibilities, consistently managed by the deceased
Non-Economic Damages – The Loss You Can’t Put a Price On
This is where the law recognizes what can’t be seen on paper but is deeply felt:
- Mental anguish and emotional suffering
- Loss of companionship, love, and emotional support
- Loss of guidance or parenting
These damages reflect the human side of what’s been taken—your connection to a spouse, a parent, a child. These are the hardest losses, and their value is immeasurable.
Punitive Damages – Holding Reckless Parties Accountable
In some wrongful death cases, Texas law allows for punitive damages, also known as exemplary damages. These are not awarded to compensate the family for their loss in the traditional sense. Instead, they are meant to punish the defendant for reckless, grossly negligent, or intentional conduct and discourage similar behavior in the future.
Texas places strict limits on these damages. The maximum award is the greater of:
- $200,000, or
- Twice the amount of economic damages plus an equal amount of non-economic damages, capped at $750,000.
Punitive damages are rare. They require clear and convincing evidence and are typically pursued only when the wrongdoing is extreme, such as in cases involving drunk driving, corporate disregard for safety, or willful harm.
In practice, they are most often awarded against corporate defendants or other well-resourced parties, where the financial penalty can serve as a real deterrent.
Who Can File a Wrongful Death Claim – And When
Under Texas law, the estate of the deceased person along with the following family members are eligible to file a wrongful death claim:
- The surviving spouse
- The children of the deceased, including adult children
- The parents of the deceased
These individuals may file individually or together. If none of the parties pursues a claim, the personal representative of the estate may pursue a claim for the benefit of the heirs of the deceased person.
Our Experience in Wrongful Death Cases
We know this isn’t about money for our clients—it’s about life, love, and loss. At O’Hare and Koch, we’ve represented families after:
- An 18-wheeler crash claimed a loved one’s life
- Construction, oil field, and industrial worksite catastrophes causing fatalities
- Commercial vehicle accidents left families grieving and unsure where to turn
- Passenger vehicle and motorcycle collisions causing fatalities
- Defective products caused sudden, preventable deaths
You can read more on our Case Recovery Results page.
When You’re Ready, Let’s Talk
We won’t rush you. We won’t pressure you. But if you need answers, we’re here. Whether you’re just starting to ask questions or ready to act, the attorneys at O’Hare and Koch with more than five decades of experience are prepared to help. Let’s talk about what happened and figure out what to do next.
Contact us today for a confidential, no-cost consultation with a Texas wrongful death lawyer. You don’t have to do this alone.
