Losing a loved one due to someone else’s negligence or intentional actions can be devastating. The pain and suffering that follow such a tragedy can be immeasurable, leaving surviving loved ones with a sense of injustice and a longing for answers. You cannot put a price on a person’s life and their loss leaves an emptiness money can never fill.
In Texas, the legal system recognizes the immeasurable nature of certain damages in wrongful death cases and allows for compensation for these damages even though they are not directly quantifiable. Non-economic damages refer to the intangible losses a claimant suffers that do not have a direct financial value. These are the aspects of your relationship with the deceased that made your life richer and more meaningful.
Loss of love and companionship
Perhaps the most significant loss in a wrongful death case is the loss of love and companionship. No amount of money can replace the presence of a family member or the bond you shared with them. Loss of consortium describes the deprivation of all the benefits of your familial or intimate relationship with the deceased. Spouses suffer from the loss of marital benefits, including affection, sexual relations and companionship. These are integral to a marital relationship and impossible to value in monetary terms.
Loss of care, maintenance, services, support, advice and counsel
The deceased may have contributed in various non-financial ways, such as household services, personal care and guidance. Survivors are left to cope without these forms of support and must adapt to their absence. Family members, such as spouses, children and parents, may recover for the loss of the guidance, services and support that the deceased provided. All of which are deeply personal and vary significantly from one relationship to another.
Mental or emotional pain or anguish
Survivors may experience profound grief and emotional suffering due to the untimely and wrongful loss of their loved one. It can manifest as anxiety, depression and other psychological effects. You may need professional help to cope with the tragedy.
Loss of Inheritance
Finally, the loss of inheritance is another immeasurable damage that can arise in wrongful death cases. It represents the potential wealth the deceased would have accumulated and left to their heirs had they lived a natural lifespan. This can be a significant loss, especially for family members who were dependent on the deceased for financial support.
Even though Texas laws do not cap these damages in most wrongful death claims, putting a monetary value on them is a challenging and overwhelming task. Remember, you do not have to go through this alone.