When someone you love dies because of the negligent actions of another person in Texas, it is very difficult to understand. If that other person simply would have followed the law or made better choices, your loved one would still be alive. The law recognizes the unfairness of the situation by giving you the ability to sue for wrongful death. In a wrongful death lawsuit, the Texas Constitution and Statutes states specific remedies you may get.

In a lawsuit, you may get either exemplary or actual damages. Actual damages cover the expenses that result from the wrongful death situation. This could be medical bills and even funeral expenses. Exemplary damages, on the other hand, are a form of punishment the court gives to the guilty party. These damages are not paying you for any expenses you had, but rather making an example of the responsible party by levying a financial punishment, but you will get the damages paid.

Keep in mind that only close relatives may sue for wrongful death. This means you must be a spouse, child or parent of the person who died. If you are not one of these people, you have no rights under the law to receive any damages.

A judge or jury may decide how to divide the damages between you and any of the other family members that joined in the lawsuit. Do note that if you receive damages, creditors cannot take those damages for debts due by the person who died.