Calculating the Incalculable: Loss of Companionship and Society in Texas Wrongful Death Cases

Texas Wrongful Death: Loss of Companionship and Society

Losing a loved one is devastating and can be even more difficult if someone else’s negligence causes their death. In Texas, if a wrongful death occurs, the family of the deceased may be entitled to compensation for a variety of damages, including loss of companionship and society.

These damages are meant to compensate for the emotional pain and suffering that the family has endured due to the loss of their loved one. However, calculating the value of these intangible losses can be challenging.

In this post, we will explore the concept of loss of companionship and society in Texas wrongful death cases and discuss how these damages are calculated. We’ll also discuss why having an experienced wrongful death attorney on your side is important to help you navigate this complex legal process and ensure that you receive the compensation you deserve.

Wrongful Death Cases in Texas

Wrongful death cases are undoubtedly some of the most emotionally challenging and legally complex situations one can encounter. In Texas, as in many other jurisdictions, the law recognizes the immeasurable loss of companionship and society that follows the untimely death of a loved one. Understanding the intricacies and implications of wrongful death cases in Texas is crucial for both the grieving families seeking justice and the legal professionals navigating this intricate legal landscape.

Loss of Companionship and Society
Loss of Companionship and Society in Texas

In Texas, a wrongful death claim arises when the wrongful act, neglect, carelessness, unskillfulness, or default of another individual or entity causes a person’s death. This encompasses a wide range of scenarios, including fatal car accidents, medical malpractice, workplace accidents, and even intentional acts leading to death. It is important to note that wrongful death claims are separate from any criminal charges that may be filed against the responsible party.

When determining damages for loss of companionship and society in a wrongful death case, a jury must consider several factors. These factors help ensure the award is fair, reasonable, and proportionate to the loss experienced. Here’s a list of things the jury will consider:

  • Nature of the Relationship: The closeness and quality of the relationship between the plaintiff and the deceased. This includes the bond’s depth, the relationship’s length, and the level of companionship and support provided.
  • The extent of the Loss: The degree to which the plaintiff has lost companionship, care, and guidance due to the death. This includes considering what the deceased would likely have contributed regarding emotional support and companionship if they had lived.
  • Plaintiff’s Emotional Suffering: The emotional impact of the loss on the plaintiff, including grief, sorrow, and mental anguish.
  • Duration of the Suffering: The expected duration of the plaintiff’s emotional suffering. This can include immediate grief as well as long-term effects.
  • Life Expectancy: The expected remaining lifespan of both the plaintiff and the deceased at the time of death, as this can impact the duration of companionship lost.
  • Impact on Quality of Life: How the loss affects the plaintiff’s overall quality of life, including their ability to enjoy life’s activities and maintain relationships with others.
  • Evidence of Mental Anguish and Loss of Companionship: Any tangible evidence presented that demonstrates the mental anguish and loss of companionship suffered by the plaintiff.
  • Rational Connection to Award Amount: The need for a rational and evidence-supported connection between the loss suffered and the amount of damages awarded.
  • Avoidance of Arbitrary Awards: Ensuring that the award is not arbitrary or capricious but is instead grounded in the evidence presented and the reality of the plaintiff’s loss.

Unlike personal injury cases where the injured party seeks compensation for their own damages, wrongful death claims are brought on behalf of the deceased person’s surviving family members or beneficiaries. In Texas, the surviving spouse, children, and parents of the deceased have the right to file a wrongful death claim. If none of these parties are available, the claim can be brought forth by the personal representative of the deceased’s estate.

One of the key components of a wrongful death claim in Texas is the concept of “loss of companionship and society.” This refers to the intangible and immeasurable damages suffered by the surviving family members due to the death of their loved ones. While financial losses such as medical expenses, funeral costs, and lost wages can be quantified, the loss of companionship and society is incalculable. It encompasses the emotional pain, mental anguish, and the void left by the absence of the deceased’s love, support, guidance, and presence in the lives of their loved ones.

In Texas, determining the value of loss of companionship and society is complex. The court considers various factors, such as the nature of the relationship between the deceased and the claimants, the age and health of the deceased and the claimants, the level of emotional dependence, and the extent of shared experiences and memories. Expert witnesses, including psychologists, counselors, and family members, may be called upon to provide insights into the impact of the loss on the surviving family members.

What is Loss of Society and Companionship in Texas?

When a loved one is tragically taken away due to a wrongful death, the pain and grief experienced by the surviving family members cannot be measured in monetary terms. However, in Texas wrongful death cases, the concept of “loss of companionship and society” is recognized as a crucial element to consider when calculating damages.

Loss of companionship and society refers to the emotional and psychological impact of losing a loved one. It encompasses losing the deceased person’s love, affection, guidance, support, and the intangible value of their presence in the family unit. This loss extends beyond the immediate family to include close friends and other individuals who shared a meaningful relationship with the deceased.

Loss of Consortium vs. Loss of Companionship and Society

Aspect Loss of Consortium Loss of Companionship and Society
Definition A legal claim for damages suffered by a spouse or family member due to the injury or death of a loved one. A legal claim for damages related to losing a loved one’s companionship and presence in one’s life.
Claimants Typically limited to spouses, but can sometimes include children or parents. It can be claimed by a broader range of family members, including spouses, children, and sometimes extended family.
Relationship with Deceased Focused on the spousal relationship, including affection, sexual relations, and partnership. Focused on the broader relationship, including love, emotional support, and companionship.
Types of Losses Loss of marital relations, support, services, affection, and companionship. Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
Applicability Usually applicable in personal injury, wrongful death, and medical malpractice cases. Typically seen in wrongful death cases.
Nature of Damages Primarily non-economic damages (emotional and psychological losses). Also, primarily, non-economic damages (emotional and psychological losses).
Legal Context Common law concept varies by jurisdiction. More specific wrongful death statutes vary by state.

Theoretical Examples of Wrongful Death

In Texas wrongful death cases, calculating damages for loss of companionship and society can be a complex task. These damages aim to compensate surviving family members for the intangible losses they experience due to the death of their loved ones. While it is impossible to put a monetary value on the emotional and personal connection shared with a deceased family member, the legal system recognizes the importance of recognizing and compensating for this profound loss.

Let’s consider a few examples to understand better how loss of companionship and damages to society are calculated in Texas.

First, imagine a case involving a young married couple. The husband tragically passes away due to the negligence of a third party. The surviving wife, now left to navigate life without her partner, experiences a significant loss of companionship and support. In this scenario, the court may consider factors such as the length and quality of the marriage, the emotional bond between the couple, and the roles and responsibilities each spouse fulfilled within the relationship. These factors, along with expert testimony and evidence presented during the legal proceedings, help the court determine an appropriate value for the surviving spouse’s loss of companionship and society.

Another example involves a wrongful death case where a parent loses a child. The profound devastation and emotional pain experienced by a parent in such a situation are immeasurable. The court may consider factors such as the child’s age, the parent-child relationship, and the loss of future guidance, support, and love when calculating the damages for loss of companionship and society. Testimony from family members, friends, and experts can provide valuable insight into the depth of the bond between the parent and child, aiding the court in determining an appropriate monetary value for the loss suffered.

Recent Texas Decision in Wrongful Death Case

A recent landmark case in Texas regarding the Loss of Companionship and Society is Gregory and New Prime, Inc. v. Chohan et al., which was decided by the Texas Supreme Court. This case primarily focused on a wrongful death claim where a noneconomic damages award, including mental anguish and loss of companionship, amounted to just over $15 million.

The case stemmed from a fatal pileup involving multiple vehicles in 2013. The jury awarded approximately $16.8 million to the family of the deceased, with over $15 million allocated for noneconomic damages such as mental anguish and loss of companionship. The Texas Supreme Court, in its ruling, emphasized that a wrongful death plaintiff must demonstrate two things:

  1. The existence of mental anguish or loss of companionship
  2. A rational connection, supported by evidence, between the injuries suffered and the amount awarded.

This requirement expands the standards previously used in non-fatal injury and defamation cases to wrongful death suits. The Court explained that wrongful death plaintiffs must prove that the amount awarded for their noneconomic damages will reasonably compensate for their related injuries.

In the Gregory v. Chohan case, the Court noted that while the trial testimony proved the existence of mental anguish and loss of companionship for the Deol family, there was no rational argument or evidence to support or justify the amount awarded. The jury was not provided with evidence as to why the requested amount would reasonably compensate for the Deol family’s mental anguish and loss of companionship, leading the Court to conclude that the verdict could not be upheld.

In summary, this decision sets a clear precedent that appellate courts must ensure that the record contains evidence of the existence of a compensable noneconomic injury and evidence of a rational connection between that injury and the dollar amount awarded. This ruling provides Texas defendants with new tools to challenge noneconomic damages claims, requiring wrongful death plaintiffs to meet a higher evidentiary burden and subjecting such claims to stricter scrutiny by courts.

Contact us to schedule your complimentary consultation.

ausin injury lawyer

Law Office of Joel A. Levine
3305 Northland Dr #210
Austin, Texas 78731


Dallas Office:
12700 Park Central Dr, Suite 520, Dallas, TX 75251

Houston Office:
6575 West Loop South, Suite 500, Bellaire, TX 77401

San Antonio Office:
401 East Sonterra Blvd, Suite 375, San Antonio, TX 78258