The loss of a loved one is deeply personal and emotional. In addition to the financial hardship, families are often left grieving the absence of companionship, shared experiences and the guidance they provided.
The law recognizes these profound losses, and in some wrongful death claims, certain surviving family members can recover damages for emotional harm.
The different types of emotional loss
Only specific family members are eligible to bring a wrongful death claim, including:
- The surviving spouse
- Children
- Parents of the deceased
In addition to financial losses, Texas law also allows recovery for non-economic damages, intended to compensate for emotional and relational losses.
These may include:
- Mental anguish: The emotional pain, grief and suffering caused by the loss of a loved one. Mental anguish can include feelings of depression, anxiety and the overall emotional toll of the death.
- Loss of companionship and society: This refers to the loss of positive benefits that come from a close family relationship. For spouses, this can include the loss of a life partner and the love, comfort, companionship and emotional support they provided. For children, it may be the loss of their parents’ presence and nurturing.
- Loss of parental guidance: Texas courts recognize the role a parent plays in a child’s development and allow children to recover for the loss of a parent’s advice, education and moral guidance.
- Loss of consortium: In cases involving a spouse, it refers to the loss of the marital relationship.
Unlike medical bills or lost wages, emotional losses don’t have clear numerical values. Instead, courts consider a variety of factors, such as:
- The role the deceased played in the family
- The nature and closeness of the relationship
- Testimony from family members, friends, spiritual advisors or mental health professionals
Emotional loss is often the most significant impact of losing a loved one. Money can’t replace the love, companionship and guidance the deceased provided. But the wrongful death law provides a way for families to have those losses recognized.