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How Are Damages Calculated in a Wrongful Death Case? Attorney Offers Insight

wrongful death attorney

Losing someone you love dearly is not that easy. Not only you emotionally break down but the family faces financial hardship. In this situation, filing for wrongful death lawsuit helps you get financial compensation from the at-fault party who caused the death. If you think you have lost someone due to negligence of another such as reckless driving, medical malpractice, drink & driving, you have the right to pursue compensation. You can take help of our Houston personal injury attorney to know more about death claims.

Too often, people may not even realize that they have a wrongful death case until it’s too late, as this tragedy usually occurs suddenly and unexpectedly. However, in most states, there are laws in place which allow family members- Parents, spouses, and children- of the deceased to file suit against those responsible. 

Wondering how to file a wrongful death claim & how much your claim is worth? A Houston attorney who specializes in wrongful death cases offers insight into how damages are calculated when it comes to these types of cases.

Who can be responsible to pay you the settlement amount?

According to Texas law, you can sue anyone who is responsible for your loved one’s death.

  • An individual that crashed into someone. 
  • A company who has hired the driver.
  • Manufacturing company of a defective product.
  • A property owner

How Wrongful Death are Calculated?

Though it is very hard to calculate the value of a life, we have to do for the rest of family members.  Personal injury lawyers in Houston can help you determine the value of wrongful death claim by considering following factors;

  • What is the value of your loved one’s life?
    Of course, it’s impossible to place an exact monetary value on what your loved one meant to you, your family and friends, or society at large. But when it comes time to calculating damages in a wrongful death case, it is possible to put an accurate dollar amount on these intangible items such as emotional pain and suffering caused by a negligent party’s actions. Certain factors such as age, career, education, earning capacity and family dependency are considered to calculate the worth of death damage.

  • Types of damages
    There are two types of damages that can be awarded by a jury or judge when assessing compensation for wrongful death. The first is economic damages, which are specific dollar amounts for tangible and financial losses related to your loved one’s death, such as funeral expenses, lost wages and medical bills. The second is non-economic damages, which may be referred to as pain and suffering or loss of consortium and affect intangible losses such as grief, sorrow and emotional trauma.

  • Future pain and suffering
    The future pain and suffering caused by your loved one’s death is calculated based on two things: 1) The nature of your loved one’s injuries, 2) How long he or she was expected to live. In other words, damages are calculated based on how much longer you expected your loved one to live and does he or she has any health issue prior to death.

  • Non-economic losses
    Personal injury lawsuits typically include compensation for economic losses, such as medical bills, lost wages and property damage. However, wrongful death cases are also about non-economic losses. These include pain and suffering that would have been suffered by a loved one had they not died; survivor’s grief or loss of companionship; and loss of financial support to dependents who depend on that person for income.

Other ways to recover compensation for your loss
All of these compensation amounts only cover economic damages, however. They don’t include pain and suffering or other emotional distress—which is why it’s always important to seek legal counsel after an accident like a car crash or medical malpractice. Family member are too eligible to get the financial support for the loss. We are an attorney for wrongful death who offers insight on how to pursue compensatory damages for your loss, including whether you should file a lawsuit instead of just settling out of court.

Contact Personal Injury Accident Lawyer for Legal Help

What happens when someone dies as the result of another person’s negligence? If you or a loved one has been killed due to the fault of another, you may be entitled to compensation under Texas wrongful death law. Recently, however, it seems that cases involving personal injury have become more complex, and plaintiffs are having difficulty understanding how damages are calculated for wrongful death cases. If you or a loved one is unsure of your rights, you may look to consult with personal injury attorneys near me who handles these types of claims on a regular basis.