Are Damages Capped in Wrongful Death Claims?

No amount of money can replace a loved one you’ve lost. But resources recovered in a wrongful death claim can help ease the stress and burden on the family caused by the loss. When the person or company responsible for causing the death is forced to admit liability, that also provides a comforting sense of justice and can help families find closure.

Many people have heard that there are limits or caps on the amount you can receive in a wrongful death claim. Rumors of limits are enough to discourage some families from filing claims because they know it will be painful to re-live the loss through legal proceedings. However, many of the rumors are false or exaggerated. If you contact our team directly for a free consultation, we can explain any limits that may apply in your particular situation. Here, we provide a general overview of when damages may be capped in a wrongful death claim and when they are not.

There are Three Types of Damages

To answer questions about damage caps, it is first necessary to explain the different types of damage, because limitations often apply to one type but not others.

• Economic damages are amounts awarded to compensate for financial losses. In a traditional personal injury claim, economic losses would include amounts to cover future medical care and to compensate for wages lost while the victim is healing and unable to work. In a wrongful death claim, economic damages would include amounts to make up for the wages the deceased person would have provided if they had lived, the medical expenses and funeral costs, as well as the value of services the deceased person provided in the home.
• Noneconomic damages are amounts to offset the harm that does not have a direct financial equivalent. Pain and suffering are the most common noneconomic damages. In a wrongful death case, noneconomic damages would include loss of advice and comfort the deceased person would have provided, and mental anguish.
• Exemplary damages, also known as punitive damages, are amounts awarded to punish the person who caused the death. These damages are only awarded in situations where the person or company responsible for the death was engaged in willful, reckless, or grossly negligent conduct that deserves to be punished.

The first two types of damages are considered compensatory. They compensate the victim or the victim’s family for the losses they have suffered. The last type of damage is focused not on the victim but on the perpetrator. These damages are designed to penalize wrongful conduct and hopefully deter others from engaging in similar conduct in the future.

Most Damages are Not Capped

In many wrongful death and personal injury cases, damage caps do not apply to compensatory damages. This includes cases where injury or death was caused by factors such as:

• Car accidents
• Falls
• Truck accidents
• Fires and other building disasters
• Motorcycle accidents
• Workplace injuries
• Bicycle accidents

Attorneys can seek full compensation for economic and noneconomic losses. That does not mean that victims will automatically receive full compensation, of course. The insurance companies will fight over every factor, so it is important to work with an attorney who is prepared to present the right evidence and arguments to support the requested damage award.

When injuries or death are caused by medical malpractice, the rules are different.

Limitations in Medical Malpractice Cases in Texas

In medical malpractice cases, lawmakers have set caps on the amounts that may be recovered. However, these limits apply only to noneconomic damages, such as pain and suffering. The caps do not apply to economic losses such as lost support.

If a wrongful death or injury was due to medical mistakes that could have been prevented if a doctor or hospital had acted according to accepted medical standards, then the party filing a claim for damages can only receive a limited amount for noneconomic losses. The limit varies depending on the number of defendants involved in the case. If the claim is against a single doctor or healthcare provider, the limit is $250,000. If more than one doctor or facility was negligent, the victim can seek $250,000 from each party, but there is also a total cap. 

The victim cannot recover more than $500,000 from all providers involved or more than $500,000 from all hospitals involved. Moreover, the overall maximum for noneconomic damages is $750,000, regardless of how many parties were involved or how severe the injuries were. So when the cause of a wrongful death is medical malpractice, the family may be able to recover between $250,000 to $750,000 in noneconomic damages, depending on the circumstances.

Caps on Exemplary Damages

If the case arose from a situation in which the court could award exemplary damages, there are additional caps to keep in mind. Remember that these damages are provided as punishment, not compensation, so recovery of these damages is not a right. An attorney needs to convince the court that the defendant’s conduct was so blatantly wrong that punishment is warranted.

In many cases, the amount that the court may award for exemplary/punitive damages is limited to $200,000. If the economic and noneconomic damage award is high, the court may award up to $750,000 in exemplary damages, but the amount is set by a formula. Exemplary damages can equal no more than two times the value of the economic damages plus the value of noneconomic damages or $750,000, whichever is less.

Exemplary damages may not be limited, however, in cases where the death results from certain criminal offenses, including drunk driving.

DeKeyzer Law Fights for Justice in Wrongful Death Claims

The untimely death of a loved one can have a disastrous impact on a family. The process of recovery through a wrongful death claim can help with mental and emotional healing while providing compensation to meet the family’s immediate and future needs.

If your family has lost a loved one because of the irresponsible behavior of others, we can explain how the recovery process might work in your specific situation. For a free consultation to learn more about the process, call DeKeyzer Law today at 713-904-4004 or contact us online.