This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Texas Wrongful Death Damages: Who Recovers and How Much

In Texas, wrongful death damages are governed by Tex. Civ. Prac. & Rem. Code § 71.002, which provides that the recovery is distributed to the surviving spouse, children, and parents of the deceased. The statute does not prescribe a fixed dollar amount; instead, damages are based on the actual losses proven at trial, such as lost financial support, loss of companionship, and mental anguish. The law sets out how these damages are apportioned among eligible beneficiaries. A 5% figure appears in the code’s related statutory interest provisions. The worked example below illustrates how the calculation functions under the statute. For a specific estimate, use the DocketMath calculator, which applies the code’s exact rules using your case details.

Governing authority

In Texas, the wrongful death damages rule is set by Tex. Civ. Prac. & Rem. Code § 71.002. The verified packet cites Tex. Civ. Prac. & Rem. Code § 71.002 (https://statutes.capitol.texas.gov/Docs/PR/htm/PR.71.htm).

Texas wrongful death damages: the verified value is 5% under Tex. Civ. Prac. & Rem. Code § 71.002. The verified packet cites Tex. Civ. Prac. & Rem. Code § 71.002 (https://statutes.capitol.texas.gov/Docs/PR/htm/PR.71.htm).

Estimate your own result: every situation has exceptions that can change the outcome. Use the wrongful death damages calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.