What Damages Are Available in a Wrongful Death Lawsuit?

The death of a family member in a preventable accident reorders everything, and the bills do not pause for grief. Funeral costs, a missing paycheck, and medical charges arrive anyway. Understanding what compensation for wrongful death can actually cover is often the first steady step, and Texas law gives families a wrongful death claim to address those losses.

Those costs mount while the household income that once covered them is suddenly gone. An insurer may reach out within days with an offer made before anyone has measured the full cost of the loss, which makes knowing your options early one of the most protective things a family can do.

At LeMaster Law Firm, we help families across northwest Houston understand what a fatal-accident claim can recover, who has the right to bring it, what drives its value, and how a recovery is divided among family members. Before she represented families, Jennifer LeMaster spent years as in-house counsel at an oil and gas company, handling complex transactions and litigation, and then made partner at an international law firm, representing insurance companies. That background informs how we read each category of damages and where a carrier tends to push back.

What Compensation Can You Recover in a Texas Wrongful Death Claim?

Families are often surprised that a single fatal accident can create two separate claims under Texas law, and the difference shapes what compensation for wrongful death can cover. A wrongful death claim compensates surviving family members for their own losses. A survival claim compensates the deceased person’s estate for what that person endured before death.

Both claims arise from the same event but cover different harms. Texas sets these out in Chapter 71 of the Texas Civil Practice and Remedies Code.

Economic Damages a Family Can Recover

For most families, the financial losses feel real first because they arrive with due dates. A Texas wrongful death claim can seek several categories of economic loss:

• Lost financial support the deceased would have provided
• Lost household services, care, maintenance, and counsel
• Lost inheritance the family reasonably expected
• Reasonable funeral and burial expenses
• Medical expenses incurred before death, recovered through the survival claim

Each category rests on documented evidence.

Non-Economic Damages in a Wrongful Death Case

Some of the deepest losses after a death carry no invoice. Non-economic damages recognize the emotional harm a family lives with once the person is gone. Texas lets surviving family members seek compensation for intangible losses that include:

• Mental anguish and grief of the surviving family
• Loss of the love, companionship, comfort, and society of the deceased
• Loss of the care, guidance, and counsel the deceased provided

These losses are real but harder to document than a funeral bill. We help establish them through testimony and a clear record of the relationship.

What Determines the Value of a Wrongful Death Claim in Texas?

Families understandably want a number, but Texas uses no fixed formula. Several factors shape how a claim is measured:

• The age, health, and life expectancy of the person who died
• Their earnings, benefits, and expected career path
• The number of family members who depended on them
• The strength of the evidence for non-economic losses such as mental anguish
• The available insurance coverage and other sources of recovery
• The share of fault assigned to the person who died

Because these factors interact, similar losses can lead to very different outcomes. Texas also reduces a recovery by the deceased person’s share of fault and bars it entirely when that share is more than 50%, under Tex. Civ. Prac. & Rem. Code § 33.001.

When Are Exemplary Damages Available?

Most wrongful death cases center on compensating the family, not punishing the person responsible. Exemplary damages are the exception, available only when a death results from gross negligence or a willful act. Texas requires clear and convincing evidence for this kind of award under Chapter 41 of the Texas Civil Practice and Remedies Code.

Texas law uses the term “exemplary damages,” which some might know as “punitive damages.” Either name refers to an award shaped by the facts rather than a set amount.

Who Can Recover and How a Wrongful Death Settlement Is Divided

When more than one relative survives, families wonder who can recover and how one settlement is shared. Under Texas law, a wrongful death claim belongs to a defined group:

• A surviving spouse
• Surviving children, including adult children
• Surviving parents

Siblings and grandparents generally cannot bring the claim, however close the relationship.

When several family members share one recovery, it is divided in proportion to each person’s loss rather than evenly, by agreement or by the court. Because those shares can be contested, the way a settlement is distributed in Texas can become its own process.

Why Families Across Northwest Houston Turn to LeMaster Law Firm

A family choosing who to trust with a wrongful death claim wants to know whether the firm can prove the losses that are hardest to measure, such as mental anguish, lost companionship, and the survival claim. We build every claim so it can be proven at trial when a case requires it.

Our attorneys handle wrongful death and personal injury claims for families across Tomball, Spring, Magnolia, Cypress, The Woodlands, and Conroe. Those families also choose us for practical reasons:

• Free consultations and 24/7 intake support
• Bilingual representation in English and Spanish at the attorney level
• A contingency fee, so there is no cost unless we recover compensation
• Recognition as Texas Super Lawyers from 2021 through 2026
• A 5.0-star rating on Google

Client Testimonials

“I had a tough case with an insurance company. Jennifer and team stuck with the case for almost two years, making me whole in losses accumulated. I would definitely recommend her services. She cares about her clients.” — Tony K.

“My daughter was a passenger injured in an auto accident. She suffered some injuries, including a concussion. We had worked with Jennifer LeMaster before when she was hit by a drunk driver. Jennifer and her team are amazing, compassionate, patient, and always available. I highly recommend Jennifer LeMaster and her team!” — Tania B.

“Jennifer and her team were very easy to work with. They were willing to answer any question I had at any point and were easy to get ahold of. They explained everything to me very well and if I didn’t understand something I never felt like I couldn’t ask questions even if I needed clarification. I feel as though they went above and beyond in knowing about all the aspects of my situation and life. They were willing to work with my schedule and would call in the mornings and evening and even after hours if needed. They are very personable and were easy to get along with and talk to. I never felt uncomfortable about giving the information they needed. I am grateful for their knowledge and thankful I was able to turn to them for her expertise.” — Ashlie B.

Frequently Asked Questions About Wrongful Death Compensation in Texas

How Long Do You Have to File a Wrongful Death Claim in Texas?

Most wrongful death claims in Texas must be filed within two years of the date of death, under Tex. Civ. Prac. & Rem. Code § 16.003(b). Limited exceptions can extend that window, such as when the person entitled to file is a minor. Claims against a government entity can carry shorter notice deadlines, so acting early helps.

Is a Wrongful Death Settlement Taxable?

In most cases, the part of a settlement that compensates for the death is not taxed as income under federal law. Certain portions can be taxable, such as exemplary damages or interest on the award. Because treatment depends on the facts, a tax professional can confirm the details for your situation.

How Are Wrongful Death Settlements Paid Out?

A wrongful death recovery can be paid as a single lump sum or as a structured settlement over time, depending on the family and the situation. When several family members share one recovery, it is divided in proportion to each person’s loss rather than evenly. Court approval is often required when a share belongs to a minor.

Is There an Average Wrongful Death Settlement Amount?

There is no standard or average wrongful death settlement amount in Texas. Every claim turns on its own facts, including the losses the family carried and the evidence behind each one. The factors that shape value appear in the section above.

Do You Need a Lawyer to Pursue a Wrongful Death Claim?

Texas does not require you to hire a lawyer for a wrongful death claim. These cases still involve proving fault, valuing damages, and dividing a recovery among family members, and a lawyer’s experience carries the most weight in those steps. If you are weighing the decision, it can help to review the questions worth asking a personal injury lawyer before your first call.

Talk With a Northwest Houston Wrongful Death Firm Before You Respond to the Insurer

Many families first hear from an insurance company while they are still planning a funeral, sometimes with an offer made before anyone has counted the full cost. At LeMaster Law Firm, we handle wrongful death claims for families across northwest Houston, from the first call onward. A short conversation can help you understand what a claim may cover before you respond to an adjuster.

We offer free consultations, a contingency fee, and around-the-clock bilingual intake. Call 832-356-7983 or reach us through our contact form to talk with a team that serves Tomball, Spring, and The Woodlands.