Luke Dow Law Firm

What Damages Are Recoverable in a Wrongful Death Claim in Texas?

By Luke Dow on December 07, 2016

No tragedy can compare to the death of a family member. This is particularly true if the loss was the unexpected result of another person’s negligent or malicious actions.

[caption id="attachment_6280" align="aligncenter" width="300"]Accident report Accident report[/caption]

In addition to the emotional trauma, families often face overwhelming debt due to the medical bills and lost wages that accompany a loved one’s death. Although no amount of compensation can undo the hardship of such a devastating event, filing a wrongful death lawsuit may help your family maintain their financial security.

If the incident happened in Texas, you will find compassionate legal help at The Luke Dow Law Firm. Luke Dow is a board-certified personal-injury lawyer in Austin who will gather evidence, interview witnesses, assess doctors’ records and help you recover the maximum compensation. Call 512-518-4104 today to schedule a free consultation.

What Damages Are Recoverable in a Wrongful Death Claim in Texas?

Every wrongful death claim is unique, and the type of damages and their value will vary from case to case. Depending on the facts surrounding your family member’s death, you may be able to recover compensation for the following damages:

  • Loss of comfort, love, society and companionship;
  • Mental anguish;
  • Lost support, maintenance, care, services, counsel and advice that the victim would have provided to family members;
  • Loss of the earning capacity;
  • Loss of inheritance; and
  • Exemplary damages, if your family member died due to the defendant’s gross negligence, or willful act or omission.
Who Can File a Wrongful Death Lawsuit in Texas?

According to, the following parties can file a wrongful death lawsuit in Texas:

  • The deceased’s spouse;
  • The deceased’s biological or legally adopted children; or
  • The parents of the deceased.
These parties have the option either to file the wrongful death claim individually or in a group. If none of these parties have filed the claim within three months of the victim’s death, then an executor or personal representative of the deceased’s estate can file the claim, unless a surviving family member requests that a wrongful death claim not be filed.

What Is the Statute of Limitations for Wrongful Death Lawsuits in Texas?

According to Tex. Civ. Prac. & Rem. Code 16.003(b), the statute of limitations for wrongful death lawsuits in Texas is two years from the date of the death. If you decide to file a wrongful death lawsuit after the statute of limitations expires, the defendant’s attorney will likely bring a motion to dismiss, and the court will probably grant it. As such, you most likely will not be able to recover compensation if you file a wrongful death lawsuit after two years has passed since your family member’s death.

If your loved one died due to the negligent or malicious actions of another person in Texas, contact the Luke Dow Law Firm. Mr. Dow is an accident attorney in Austin with a reputation for tough litigation and a strategy for winning substantial settlements and verdicts for his clients. Call 512-518-4104 today to schedule a free initial consultation.





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