When a person dies due to someone else’s negligence, it has a lasting impact on their family — in ways both expected and unexpected. While a wrongful death lawsuit cannot possibly account for all of the pain of a loss, it can provide some financial compensation for specific kinds of losses.
Damages in Spring wrongful death cases can vary, and an experienced lawyer can help you ensure that all of the possible losses in your case are considered when seeking compensation.
Damages in a Wrongful Death Case
A wrongful death case is filed to compensate surviving family members for the losses they have experienced due to the death. These can include specific economic losses, non-economic losses, and — in extreme cases — punitive damages.
Economic Losses
An economic loss is one that can be measured in specific dollar amounts. These can include the wages that the deceased person could have reasonably been expected to earn (and contribute to their household) during their lifetime as well as inheritance contributions they would have made if they had survived. Other common economic losses in wrongful death cases include funeral expenses and medical bills that were incurred due to the negligent act but prior to the individual’s death.
Other economic losses that can be considered include loss of benefits (such as pension and health insurance) and loss of household service (such as child care and home maintenance). Basically, economic losses aim to consider what costs the family has incurred that they would not have if the individual was still alive.
Non-Economic Losses
In addition to specific economic losses, a wrongful death lawsuit may seek compensation for non-economic losses. These are more challenging to put into specific dollar amounts, but the damages aim to provide some kind of compensation for emotional impacts. Non-economic losses might include mental anguish, loss of consortium (for spouses), and loss of parental guidance (for children).
Punitive Damages
While punitive damages are rare under Texas law (Texas Civil Practice & Remedies Code § 41.001 – § 41.013), they can be sought in wrongful death cases in specific circumstances. If the individual or entity responsible for the wrongful death acted with fraud, malice, or gross negligence that can be proven with clear and convincing evidence, the judgment might include punitive damages. There is a cap in place for punitive damages for most cases, but these caps do not apply to some criminal acts including some cases involving intoxicated drivers.
Determining Losses in a Specific Case
An experienced Spring, TX lawyer can help evaluate the wrongful death case and determine what losses are relevant and help seek damages for them through a lawsuit.
This process will include gathering evidence to demonstrate negligence, negotiating with the responsible party to reach a settlement offer, advising on accepting or rejecting any settlement offers based on losses, and representing the client or clients in court if a settlement cannot be reached. Having a dedicated lawyer who understands the legislation involved in these cases can leave clients with more leverage in a negotiation.
Reach Out to a Spring Attorney to Discuss Wrongful Death Damages
If you have questions about damages in Spring wrongful death cases, reach out to our personal injury lawyers for help. We have the experience needed to help you understand the case and make decisions about how to move forward. Call today to schedule a consultation and get the clarity you need.
