Texas Wrongful Death Claim

Can You Sue for Pain and Suffering in a Texas Wrongful Death Claim?

Losing a loved one is one of life’s most painful experiences — especially when that loss is caused by someone else’s negligence. In Texas, the law allows surviving family members to seek justice and compensation through a wrongful death claim. One of the most significant types of damages available in these cases is pain and suffering.

Under the Texas Civil Practice and Remedies Code, Chapter 71, immediate family members — such as a spouse, parent, or child — may file a wrongful death lawsuit. In these claims, you can pursue both economic and non-economic damages. While economic damages cover measurable losses (like funeral costs or lost income), non-economic damages include pain and suffering — which address the emotional toll and mental anguish caused by the loss.

Pain and suffering can refer to two things in wrongful death cases:

The physical and emotional suffering experienced by the deceased before they passed away.

The grief and emotional impact on surviving family members after the loss.

As a Dallas wrongful death attorney, it’s my responsibility to ensure both aspects are fully represented. Courts may consider evidence such as hospital records, witness testimony, expert psychological evaluations, and the family’s own accounts to evaluate the extent of pain and suffering.

It’s important to work with a seasoned Dallas-Fort Worth wrongful death attorney who understands how to document emotional damages with compassion and legal precision. Telling your story the right way — with credibility and legal relevance — can make a substantial difference in the outcome of your case.

Texas does not impose a strict cap on pain and suffering damages in wrongful death cases (except in limited medical malpractice scenarios), which means that building a strong, evidence-based narrative is key. The more clearly we can show how the loss has affected your daily life, relationships, and emotional well-being, the more likely you are to receive fair compensation.

These cases can be emotionally draining, and families often feel overwhelmed by legal procedures, insurance adjusters, and court deadlines. That’s why it’s important to act quickly and hire a Dallas wrongful death lawyer or Dallas personal injury attorney who can handle the process while you focus on healing.

If you’ve lost a loved one due to another’s negligence — whether from a car accident, workplace incident, or unsafe premises — you deserve a legal advocate who will treat your case with care and urgency. Contact our office for a Dallas personal injury consultation today and let us help you pursue justice and peace of mind.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top