What Damages Can I Recover?

Damages recoverable in a survival action often include:

  1. Pain and mental anguish suffered by the lost person
  2. Medical expenses
  3. Punitive damages
  4. Funeral expenses
  5. Property damages
  6. Interest
  7. Court costs

Damages recoverable in a wrongful death lawsuit often include:

  1. Loss of earning capacity
  2. Loss of counsel
  3. Loss of advice
  4. 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.
  5. Loss of care
  6. Loss of maintenance
  7. Loss of support
  8. 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.  Please contact us now for a free, confidential consultation to discuss your legal rights.


References

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”).

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