Mental Anguish and Loss of Companionship in Texas Wrongful Death Cases

Grief doesn't come with a receipt, so the proof has to come from your family's own story, told person by person.

Short answer

What's the difference between the two losses?

Texas law lists both as noneconomic damages in Tex. Civ. Prac. & Rem. Code § 41.001(12). They overlap in real life, but a jury answers them separately.

The same memory can support both answers, but the jury must not pay twice for one loss. When you sort your family's facts, three questions help:

• Does this fact show what the relationship gave the survivor? That points to companionship.
• Does this fact show how the survivor is suffering now? That points to mental anguish.
• Is the same harm being counted in both answers? Duplication gives the defense a reason to attack the award on appeal.

Who can recover these damages?

Section 71.004 lets three groups sue, and each person's loss is judged on its own facts:

• Spouse. A widow's or widower's claim stands on its own. Evidence of an actual ceremonial remarriage is admissible, but § 71.005 bars the defense from raising dating or marriage prospects.
• Children, including adult children. An adult son who saw his mother daily may have a very different loss from one who rarely called. Both stories count.
• Parents. A mother who loses a 40-year-old son has her own claim, separate from his wife's.

Siblings and grandparents aren't on that list, so they can't bring this claim. They can still testify about what the family lost.

The jury divides the damages "in shares as found by the jury in its verdict" under § 71.010, so every person needs their own proof. Our guide on who can file a Texas wrongful death claim covers eligibility in more detail.

What evidence helps prove these losses?

Most of the proof comes from people and ordinary records:

• testimony from each beneficiary about how the relationship worked day to day and what changed after the death;
• a coworker who ate lunch with the survivor every day before the death, and sees how that changed;
• the shared family calendar, the group text thread, and ten years of holiday photos;
• counseling or medical records, if they exist, that document sleep problems, depression, or other effects.

You don't need a diagnosis to have mental anguish, and nobody should start therapy just to build a record. Grief can be proved through honest, concrete testimony about daily life.

Three made-up families show where the gaps open up:

• A 58-year-old mechanic dies, survived by his wife, two adult sons, and his mother. If only his wife testifies, the sons and his mother have no proof of their own loss. Each needs their own testimony or a witness who saw the relationship.
• A teenage daughter is too upset to take the stand. A teacher, coach, or relative who saw her before and after the death may fill the gap, subject to the rules of evidence.
• A son had been estranged from his father and reconciled last spring. The honest account of that history beats a polished one the defense can contradict with old messages.

What did Gregory v. Chohan change?

In Gregory v. Chohan, an 18-wheeler jackknifed on an icy highway near Amarillo. A jury awarded one driver's family about $16.8 million, mostly noneconomic damages. It's now the leading Texas Supreme Court decision on the size of wrongful death awards for grief and lost companionship.

The court held that judges can't uphold a noneconomic award just because it doesn't "shock the conscience." The amount must have a rational basis grounded in the evidence. The plaintiffs' lawyer had compared the loss to an F-18 fighter jet and a Rothko painting, and the court called those unsubstantiated anchors. The judgment was reversed and the case was remanded for a new trial, which shows a large verdict can be lost if the record doesn't explain the number.

Six justices heard Gregory. Justice Bland signed most of the lead opinion but not Parts II.C.2 and II.D, so those two parts carry three votes, and a lawyer should check that before leaning on them. In those parts, the lead opinion pointed to three kinds of proof:

1. Evidence of the nature, duration, and severity of each person's anguish, because the lead opinion measured the award against that kind of evidence.
2. Testimony about what money could do to help, such as paying for counseling or time away from work.
3. A closing argument that walks from the testimony to the number, since the lead opinion said lawyer argument can supply the rational connection.

Frequently asked questions

Do we need an expert to prove grief? Usually not, because family and friends can describe what they saw. An expert may help in a case with a documented psychological condition.

Can the jury award different amounts to each of us? Yes, the jury decides each person's share. That's why separate proof for each beneficiary matters.

Will the defense ask about family conflict? It may, if the conflict bears on the relationship. Your lawyer should learn those facts early so they don't surprise anyone at a deposition.

Does the money go to pay my loved one's debts? No. Wrongful death damages aren't subject to the decedent's debts under § 71.011. The estate's survival claim is treated differently.

How does this fit with lost income and household help? Those are economic losses with their own proof. Our article on financial support and household services explains them.

Related topics in the Texas Wrongful Death Knowledge Hub include exemplary damages and evaluating a settlement, which are being prepared as separate guides.

Legal sources

• Tex. Civ. Prac. & Rem. Code § 71.004 (who may sue)
• Tex. Civ. Prac. & Rem. Code §§ 71.005, 71.010, 71.011 (remarriage evidence, jury shares, debts)
• Tex. Civ. Prac. & Rem. Code § 71.021 (survival claim)
• Tex. Civ. Prac. & Rem. Code § 41.001 (noneconomic damages defined)
• Gregory v. Chohan, 670 S.W.3d 546 (Tex. 2023)

This article is general information about Texas law, not legal advice about a particular case. Results depend on the facts, the evidence, the court and the law that applies. Reading it does not create an attorney-client relationship.

Families who need grief programs, funeral and survivor benefit help, or a needs assessment can use our Wrongful Death and Family Support Center.