Wrongful death damages (continued)

A decedent’s minor child may recover an money damages representing the amount the decedent would reasonably have contributed to the child’s maintenance and "the value of the services which the (deceased parent) in reasonable probability would have rendered them in training, advising and educating them." Similarly, the adult children of a decedent may receive damages for the loss of expected contribution from a parent. There is no need to show evidence of exact amounts of money received or expected to be received form the decedent.

A deceased parent’s children can also recover damages under the Wrongful Death Act for the loss of their parent’s companionship, as well as for mental anguish caused by the death of their parents. Recovery of damages for mental anguish does not depend on the child’s mental anguish manifesting itself physically.

The surviving spouse and the decedent’s biological heirs may also receive exemplary, or punitive, damages in a wrongful death case where the defendant’s conduct was grossly negligent, willful, malicious or fraudulent. Surviving parents cannot receive exemplary damages for wrongful death. Surviving parents may, of course, receive actual damages in a wrongful death action. They may only receive punitive damages through the decedent’s estate in a survival action.

In general, an award of punitive damages must be supported by an actual damages award. Funeral expenses are generally not recoverable in a wrongful death action because they involve obligations of the estate. As such, they may be recovered in the survival action.

All plaintiffs who are statutory beneficiaries under the Wrongful Death Act may recover damages for mental anguish and loss of companionship. It is advisable to instruct the jury that loss of society and mental anguish are two distinct elements of recovery.

One other element of damages which is recoverable is damages for loss of inheritance.

Our firm represents clients in Corpus Christi, Houston, Galveston, Brownsville, Laredo, Victoria and all of Texas. Contact the Law Office of Scott Nelson if you need assistance with a wrongful death claim.