Texas law provides for various types of damages to the heirs of the deceased, or the estate when filing a wrongful death lawsuit.

In wrongful death claims, families may be able to recover loss of future earnings of the deceased. For example, if the deceased was a professional and had a long career ahead of him or her, then the family may be able to submit a calculation of the income that the deceased would have received during his or her lifetime and recover for this lost income. This type of damage is usually called a loss of future earnings or future economic loss.

A family may be able to recover other types of economic losses in a Texas wrongful death claim. For example, the family might be able to recover out of pocket costs such as hospitalization and medical expenses of the deceased family member, and burial expenses.

Texas law also permits the family to recover non-economic damages. This type of damage includes subjective pain and suffering, loss of companionship and support, and other emotional and mental damages suffered by members of the family. Although these damages are difficult to quantify, the emotional trauma from a loss of a family member is often the most devastating aspect of losing a loved in a wrongful death claim.

Another type of damages that may be available to the surviving family under the Texas wrongful death statutes is exemplary damages or punitive damages. These damages are not as common as economic and non-economic damages in wrongful death cases. Unlike economic and non-economic damages, exemplary damages are not intended to compensate or make whole the surviving family. They are meant to punish the defendant for really bad conduct and to deter future similar conduct by the defendant. These damages are only available if the defendant intentionally caused the death of the family member or if the defendant committed gross negligence which resulted in the death. Texas places limits on the amount of exemplary damages that may be awarded in a wrongful death case.

These damages may not exceed whichever of the following is greatest: (1) two times the amount of the economic damages; (2) An amount equal to any noneconomic damages, but no more than $750,000.00; (3) $200,000.00.

In addition to damages recoverable by the members of the family, the estate of the decedent may also recover damages that the decedent would have been able to recover if the decedent had been alive to pursue an action on his or her own behalf. These damages include the physical pain and suffering, and the mental anguish that the decedent experienced before dying. If the decedent had a prolonged period of suffering prior to his or her death, these damages may be substantial.