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What Can Family Members Recover in a Wrongful Death Lawsuit?
What can family members recover in a wrongful death lawsuit?
by gturnercontentcustoms | Sep 10, 2024 | Wrongful Death
Wrongful death lawsuits are one of the best options for justice after a tragedy. Those who lose loved ones in drunk driving car crashes, cases of medical malpractice or situations caused by defective consumer products can potentially take legal action.
In Texas, wrongful death lawsuits are possible when there is evidence of fraud, negligence, defaults or wrongful conduct on the part of another party. Both businesses and individuals may technically have legal and financial responsibility for someone dying.
Even in cases where the state does not prosecute anyone after a tragedy, a wrongful death lawsuit might still be possible. Families can request compensation for the losses caused by their loved one’s untimely passing. For starters, the following common expenses may contribute to the overall value of a Texas wrongful death lawsuit.
Economic damages
A significant percentage of the overall value of a wrongful death lawsuit often relates to economic losses. They are verifiable financial expenses that a family must absorb because an individual died. Lost future wages and benefits are often the biggest contributing element to a wrongful death lawsuit. The family can also seek the value of household services provided by the decedent. Family members may have to absorb a number of unpaid household responsibilities that the deceased individual previously managed. Those services can be worth thousands of dollars a year
Non-economic losses
The death of a loved one can cause a host of different challenges for those who survive. The emotional and social impact of the death on surviving family members can also be a consideration. Their mental pain and anguish, as well as the loss of companionship and love from the deceased, can contribute to the total value of the lawsuit.
Punitive or exemplary damages
In particularly tragic situations, families may have the option of requesting damages, also known as exemplary damages according to Texas state statutes. Exemplary damages do not stem from financial losses but are a form of punishment for the party at fault for the situation. Exemplary damages are only available in particularly egregious scenarios. Plaintiffs need clear and convincing evidence of egregious circumstances. There must be proof of gross negligence, fraud or malice to seek exemplary damages.
Determining how much to request in a wrongful death lawsuit is an important part of the legal process. Families need to determine the impact a passing has in order to effectively hold another party accountable for the losses generated by an untimely death.