Damages for Wrongful DeathSeeking wrongful death damages cannot remove the pain of losing a loved one; however, any compensation that you are awarded can help alleviate the undue financial burdens that often result.
What types of wrongful death damages can one claim? Some losses are measurable, while others are more general. Both can result in potential recovery. If you intend to file a wrongful death suit, a working knowledge of damages can help you formulate your case against the defendant.
These damages include:
Direct Expenses: Medical bills, funeral costs, and other expenses directly related to the death
Loss of Benefits: Amount of pension/retirement benefits the decedent would have incurred
Loss of Future Earnings: Salary earnings the decedent would have incurred
Loss of Companionship: Connected to mental pain and suffering on the part of the decedentâ€™s family
Punitive Damages: Monetizes the defendantâ€™s punishment for the action leading to the victimâ€™s death
Amount of DamagesSome states place a cap on wrongful death damage recovery; fortunately, Texas law allows plaintiffs to recover damages to the extent a jury finds it fair and just in relation to the injury that resulted from the decedentâ€™s death.
However, calculating damages is a complex process that involves a variety of factors. Some of the most notable factors in calculating wrongful death damages include the:
- Amount of dependency between plaintiff and decedent
- Nature of the plaintiffâ€™s relationship with the decedent
- Anticipated lifespan of the decedent
- Anticipated future earnings and other benefits of the decedent
For this reason, cooperation with your legal representative is imperative â€“ even during the difficult, emotional period following your loved oneâ€™s death. As the plaintiff, you will need to answer questions, provide documentation, and maintain correspondence often, and in a timely manner.
In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations.Contact our Texas law firm for a free legal consultation on wrongful death claims.
If a loved one was a victim of wrongful death, call The Law Offices of Regis Mullen & Shane Mullen, Inc. now at (214) 747-5240 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM.
The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.