Losing a loved one to someone else’s negligence brings not only emotional devastation but also financial strain and legal complexity for surviving family members. Unlike natural loss, wrongful death often intensifies grief with feelings of injustice, anger, and trauma.
If another person’s actions caused your loss, you may have the right to pursue a wrongful death claim. A wrongful death attorney at our firm could advocate forcefully on your behalf, challenge low settlement offers, and seek maximum damages in Houston wrongful death cases to protect your family’s future.
What Are Potential Recoverable Damages in Wrongful Death Cases?
A wrongful death claim allows surviving family members to seek compensation for the financial and emotional harm they have suffered due to a loved one’s death. Compensation in Houston wrongful death claims typically includes economic, non-economic, and sometimes punitive damages. These may cover:
- Loss of companionship, comfort, and emotional support
- The value of assets that the deceased likely would have accumulated and passed on
- Emotional distress, grief, and anxiety experienced by the surviving family members
- Services the deceased provided, such as childcare, home maintenance, or financial guidance
- Lost income and benefits the deceased would have contributed (including retirement and bonuses)
- Punitive damages in cases involving fraud, malice, or gross negligence, intended to punish the at-fault party and deter future misconduct
The court determines how awarded damages are distributed among the eligible family members, typically based on the extent of each person’s loss.
What Damages Can Be Pursued in a Survival Action?
A survival action allows the deceased person’s estate to pursue compensation for the damages the victim personally suffered between the time of injury and death. Unlike a wrongful death claim, which focuses on the family’s losses, a survival action addresses the decedent’s direct harm. These damages may include:
- Medical expenses incurred before death
- Conscious pain and suffering the deceased experienced
- Lost wages from the date of the injury to the date of death
- Funeral expenses, which are recoverable through a survival action, not a wrongful death claim
These damages compensate the decedent for direct losses from wrongful death, as if they had lived to file the Houston claims themselves.
Filing a Wrongful Death Claim
In Houston, families generally have two years from the date of death to file a wrongful death lawsuit for compensation. Certain circumstances may extend this deadline—for example, if the claimant was a minor, the negligence was not immediately discovered, or the defendant concealed their wrongdoing through fraud.
Only the deceased person’s spouse, children, and parents have the legal right to file a wrongful death claim. If they do not file within three months of the death, the estate’s executor or personal representative may step in. However, eligible family members retain the power to prevent the estate from filing.
Talk to a Houston Lawyer About Damages in Wrongful Death Cases
An attorney could work directly with insurance companies and defense lawyers to secure fair damages in Houston wrongful death cases that reflect the true value of a family’s losses. If the insurer refuses to offer a just settlement, our legal team could take your case to court and present a strong argument to the judge and jury to recover the compensation your family deserves. Get in touch with us today to schedule your free case consultation.