The loss of a loved one due to another party's negligence creates profound emotional and psychological impacts that extend far beyond financial considerations. Non-economic damages in wrongful death claims acknowledge these intangible losses that surviving family members experience, including mental anguish, loss of companionship, emotional pain and suffering, and loss of care, guidance, and nurturing the deceased would have provided. In New Braunfels and throughout Texas, these damages represent a crucial component of wrongful death lawsuits, allowing bereaved families to seek compensation for the deep personal void left by their loved one's passing. While no monetary amount can truly compensate for such a loss, the legal system recognizes the importance of acknowledging these profound impacts through non-economic damage awards.
Legal Rights and Considerations: Under Texas Civil Practice and Remedies Code Chapter 71, eligible surviving family members (spouse, children, and parents) can pursue wrongful death claims within two years of the death. Texas places no cap on non-economic damages in most wrongful death cases, except for medical malpractice claims which are limited to $250,000 per claimant. Multiple family members may file claims individually or jointly through a single lawsuit. Insurance considerations typically involve negotiations with the at-fault party's liability insurance, though coverage limits may affect total compensation. Courts evaluate factors such as the relationship's closeness, the deceased's life expectancy, and the nature of family interactions when determining non-economic damages. An experienced Texas personal injury lawyer will handle all aspects of the legal claim.
Examples of accidents that can lead to a wrongful death claim include:
Related Resources: Courts:
Victim Support Services:
Legal References:
Return to the New Braunfels wrongful death claim information page