Texas Wrongful Death Economic Damages
The financial loss to a surviving spouse, children and parents, which can include the financial support and household services the decedent would have provided.
The analysis
What the analysis can include
Which elements are included depends on the case. The economist addresses the parts of the beneficiaries’ pecuniary loss that can be put in dollars. Losses such as companionship and mental anguish are left to the jury.
- Loss of financial supportThe decedent’s projected earnings and benefits, less the share the decedent would have spent on themselves.
- Loss of household servicesThe replacement cost of the household work and care the decedent provided to the family.
- Survival claim expensesWhere relevant, medical and funeral expenses for the estate’s claim, separate from the beneficiaries’ losses.
- Present value by beneficiaryA beneficiary’s loss can run over its own period, such as a child’s years to majority, before being reduced to present value.
Texas specifics
Texas considerations
Who can recover
Texas limits who can recover in a wrongful death case, so losses may be calculated separately for each eligible family member.
Losses and taxes
Texas has specific rules for how income taxes are handled for certain wrongful death losses. The analysis is prepared with them in mind.
The estate’s claim
The estate’s claim for the decedent’s own losses before death can be analyzed separately from the family’s claims.
Common questions
Wrongful death damages, explained
Why subtract the decedent’s personal consumption?
The family lost the part of the decedent’s income that would have supported them, not the part the decedent would have spent on themselves. The deduction is typically based on published consumption data for households of similar size and income.
Can losses be shown separately for each beneficiary?
Yes. When the case calls for it, losses can be broken out by beneficiary so the figures line up with how the jury charge asks the questions.
What if the decedent wasn’t working?
Household services, childcare and future earning capacity may still be measurable, using education, work history and published earnings data.
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