What Damages Can I Recover?
Damages recoverable in a survival action often include:
- Pain and mental anguish suffered by the lost person
- Medical expenses
- Punitive damages
- Funeral expenses
- Property damages
- Court costs
Damages recoverable in a wrongful death lawsuit often include:
- Loss of earning capacity
- Loss of counsel
- Loss of advice
- Loss of services, including a spouse’s household and domestic services; a parent’s services such as nurture, care education, and guidance; and a child’s services.
- Loss of care
- Loss of maintenance
- Loss of support
- Loss of monetary contributions
Morrow & Sheppard Help Wrongful Death Claimants
The Houston wrongful death lawyers at Morrow & Sheppard can help you determine all available damages. Contact us for a free, confidential consultation to discuss your legal rights today.
Contact Us for a Free Confidential Consultation Today!
- What Should I Do Right Now?
- Why Do I Need To Act Fast?
- Should I Sign Anything Or Give A Statement?
- I Don’t Live In Texas. What Should I Do?
- Will My Case Settle?
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- What Is a Personal Injury?
- What is the Purpose of a Personal Injury Claim?
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- Personal Injury Negligence
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- What Must Be Shown In A Personal Injury Negligence Case?
- Who Owes You A Negligence Duty?
- Does An Employer Have Special Duties?
- What Damages Can I Recover In A Personal Injury Negligence Lawsuit?
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- No Fee Promise
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- Who Has Claims For Wrongful Death?
- What Is The Jones Act?
- What Is The Death On The High Seas Act?
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- About Other Wrongful Death Actions
- How Long Do I Have To Pursue A Jones Act Claim?
- What Jones Act Damages Can I Recover?
- Who Can I Sue Under the Jones Act?
- What Is Jones Act Negligence?
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- What Are Examples of Jones Act Cases?
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- Maritime Injury Lawyer Rules
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- What Legal Claims Am I Entitled To Bring?
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- Inadequately Trained Or Unqualified Drivers
- Improper Maintenance & Inspection
- Driver Fatigue
- Poor Route Planning
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- Specific Issues Involving Vocational Trucks
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- What Oilfields Are Active In Texas?
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- How Many Oilfield Accidents Have There Been In Texas?
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- How Old Are Most Refineries? What Condition Are They In?
- What Refineries Are In Texas? Have They Had Safety Incidents?
- Incidents At Alon’s Big Spring Refinery
- Incidents At Calumet’s San Antonio Refinery
- Incidents At Citgo’s Corpus Christi Refinery
- Incidents At Delek’s Tyler Refinery
- Incidents At ExxonMobil’s Baytown Refinery
- Incidents At ExxonMobil’s Beaumont Refinery
- Incidents At Flint Hills Resources Corpus Christi Refinery
- Incidents At Lyondell’s Houston Refinery
- Incidents At Marathon’s Galveston Bay Refinery
- Incidents At Marathon’s Texas City Refinery
- Incidents At Petrobras’s Pasadena Refinery
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- Incidents At Total’s Port Arthur Refinery
- Incidents At Valero’s Bill Greehey East & West Refineries
- Incidents At Valero’s Houston Refinery
- Incidents At Valero’s McKee Refinery In Sunray, Texas
- Incidents At Valero’s Texas City Refinery
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- Incidents At Western Refining’s El Paso Refinery
Landers v. B.F. Goodrich Co., 369 S.W.2d 33 (Texas Supreme Court 1963) (holding surviving family were entitled to bring wrongful death and survivor claims arising from fatal car accident involving defendant’s company vehicle, and could seek damages including pain and suffering).
Hofer v. Lavender, 679 S.W.2d 470 (Texas Supreme Court 1984) (holding surviving family members could bring survival action on behalf of loved one who died in car accident, and that they could seek punitive/exemplary damages).
Texas Finance Code § 304.102; see also Hand & Wrist Center of Houston, P.A. v. Republic Serv., Inc., 401 S.W.3d 712 (Houston Texas 14th Court of Appeals 2013) (noting interest can typically be awarded in lawsuits under enabling statutes or common law equity principles).
Henry v. Masson, 2014 WL 6678937 (Houston 1st Court of Appeals) (stating that prejudgment interest can be awarded under Texas Finance code for “a judgment in wrongful death, personal injury, or property damage case”).
Texas Rule of Civil Procedure 131.
Headington Oil Co., L.P. v. White, 287 S.W.3d 304 (Houston 14th Court of Appeals 2009) (holding court costs are recoverable and that non-customary costs may be awarded for “good cause”).