Are Wrongful Death Damages Limited in Houston?

From grieving to unexpected financial burdens, many surviving families of decedents seek wrongful death damages in Houston as a way to hold the responsible party accountable and regain some sense of stability. While compensatory damages in usual wrongful death cases in Texas do not have a cap or limit on how much a family can receive in a wrongful death settlement, other causes of death may have legal limitations. 

At The Morgan Law Group, our Houston wrongful death attorney understands how devastating sudden deaths can be for families. That is why we extend help to families through legal representation, ensuring that they recover accurate damages for losing their loved ones. 

Cap on Wrongful Death Damages in Houston

While Texas does not generally impose a broad cap on wrongful death damages, there are specific scenarios in which limitations apply.

No Limit on Compensatory Damages

For most wrongful death claims against private individuals or companies in Houston, there is no statutory cap on compensatory damages (economic or noneconomic). Surviving families can pursue full recovery of both financial and emotional losses, as long as they can be proven in court.

This means that if your loved one was killed in a car accident, workplace incident, or other negligence-based situation caused by a private party, the jury can award whatever amount they determine to be fair and just.

However, there are two key exceptions where caps may apply: 

Limit on Wrongful Death Damages Due to Medical Malpractice

When a wrongful death occurs due to the negligence of a healthcare provider (such as a doctor or hospital), Texas law places limits on noneconomic damages only. 

These limits include:

• $250,000 cap on noneconomic damages 
• $500,000 total cap per claimant when multiple parties are involved

These caps only apply to noneconomic damages (e.g., mental anguish or loss of companionship). There is no cap on economic damages, such as medical bills or loss of financial support.

It’s important to note: these caps are adjusted periodically for inflation.

Limit on Wrongful Death Damages Involving Government Entities

If the wrongful death involves a government entity, Texas law imposes strict damage caps under the Texas Tort Claims Act:

• $250,000 per person
• $500,000 per accident

These limits apply to total damages (economic and noneconomic combined), and punitive damages are not allowed in claims against the government. 

For example, if a fatal accident occurs due to a city bus crash or law enforcement misconduct, these caps will restrict the amount a family can recover.

What Are Wrongful Death Damages in Houston?

In Texas, a wrongful death occurs when a person dies due to another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” A wrongful death claim allows certain family members, typically the spouse, children, or parents of the deceased, to file a lawsuit seeking damages for their losses.

Wrongful death damages generally fall into 3 main categories:

Economic Damages

These are tangible financial losses suffered by the surviving family members, including:

• Loss of the deceased’s expected income and future earning capacity
• Funeral and burial costs
• Loss of benefits (such as pension plans or insurance)
• Loss of household services the deceased provided

Noneconomic Damages

These are intangible losses that impact the emotional and psychological well-being of the survivors:

• Loss of companionship, love, support, and consortium
• Pain and suffering
• Loss of parental guidance (for children)

Exemplary Damages

These may be awarded when the death was caused by a willful act, gross negligence, or egregious misconduct. Exemplary damages are intended to punish the wrongdoer and deter similar behavior in the future.

Wrongful death lawsuits are civil claims, separate from any criminal proceedings that may arise from the death (such as a DUI manslaughter charge). Families can pursue compensation even if criminal charges are not filed or fail to result in a conviction.

Who Can File a Wrongful Death Lawsuit in Houston?

Only specific individuals have the legal right to bring a wrongful death claim in Texas. 

These include:

• The surviving spouse
• Biological and legally adopted children
• Surviving parents

These individuals can file individually or as a group. If no eligible family members file a lawsuit within 3 months of the death, the executor or administrator of the estate may bring a claim unless the family objects.

How Are Wrongful Death Damages Computed in Houston?

Texas juries have wide discretion when determining wrongful death damages. The amounts awarded depend on several factors, including:

• The age, health, and income of the deceased
• The degree of financial and emotional dependence the survivors had on the deceased
• The survivor’s relationship to the deceased (spouse, child, parent)
• The circumstances surrounding the death
• Expert testimony on future lost income or services

Documentation such as pay stubs, tax returns, employment records, and expert analysis can help estimate future lost earnings and benefits. If the deceased provided services like childcare or household labor, those contributions can also be quantified.

Noneconomic damages are inherently more subjective. Testimony from surviving family members, friends, counselors, or psychologists can illustrate the emotional impact of the loss.

In some cases, the court may also appoint economic and psychological experts to testify on the plaintiff’s behalf.

How the Right Legal Representation Can Help

Pursuing a wrongful death claim involves more than filing paperwork; it requires an understanding of Texas statutes, legal procedures, and the tactics insurance companies use to minimize payouts.

Texas wrongful death laws are complex, and certain claims, such as those involving medical providers or government agencies, come with damage caps and strict procedural rules. 

An experienced wrongful death attorney will:

• Identify all liable parties (including individuals, businesses, and third parties)
• Determine what types of damages you’re entitled to under Texas law
• Ensure your claim is filed within the statute of limitations (usually two years from the date of death)
• Comply with special notice rules in cases involving public entities

Without legal help, you may unknowingly waive your right to full compensation or miss critical deadlines.

Most wrongful death claims in Houston settle out of court, but not all settlements are fair. 

An attorney can:

• Handle all communication with insurers and defense counsel
• Negotiate aggressively on your behalf
• Prepare a persuasive case if a trial becomes necessary
• Defend against arguments of comparative fault or liability disputes

This level of advocacy increases your chances of securing the highest compensation available. Get the best wrongful death attorney for your case so your family can focus on healing.

Maximize Wrongful Death Damages with an Attorney in Houston

Losing someone you love is never easy, and when their death was caused by someone else’s negligence, the emotional toll can feel unbearable. While no amount of money can bring them back, a wrongful death lawsuit can help you seek justice and secure financial security for your family’s future.

Fortunately, there is generally no cap on wrongful death damages in Houston, unless the case involves medical malpractice or government liability. Even in those cases, The Morgan Law Group can help you understand your legal rights and develop a strategy to recover as much compensation as possible under the law.

Our experienced wrongful death attorney in Houston is ready to help. As part of our commitment to justice, we represent families with compassion, dedication, and a deep knowledge of Texas wrongful death laws. 

Call us today at (346) 572-8381 or contact us using our online form for a free consultation about your wrongful death claim at our office in Houston.