If you suffered the loss of a loved one due to the negligence of another, you may have the legal right to pursue compensation.
At The Krist Law Firm, P.C., we understand the devastation caused by the untimely and wrongful death of a loved one. That’s why in this blog post, our Houston wrongful death attorneys will cover in-depth the types of damages that may be recovered, and other factors involved in calculating compensation.
Now, let’s take a closer look at compensation for wrongful death in Texas and how wrongful death damages are calculated.
Wrongful Death Lawsuits and Types of Damages
A person or family member can file a wrongful death lawsuit against one or more people to get compensation for their loss.
They may also be able to receive extra money as punishment for the wrongdoing. Actual damages consist of two subcategories: Economic and Non-economic damages.
Here’s what that means.
Economic damages in Texas cover the loss of:
- The decedent’s expected earnings
- Potential inheritance
- The decedent’s benefits (pension plans, medical coverage)
- Services and goods the decedent would have provided
- The decedent’s care, support, maintenance, and other services provided to family members
- Medical and funeral expenses
Non-Economic Damages
Non-economic damages in Texas cover the loss of:
- Loss of guidance, protection, advice, care, nurturing, and training
- Physical pain
- Mental anguish
- Loss of love, comfort, and companionship
Plaintiffs are allowed to recover the full value of their economic losses if the court decides in their favor, and there are no mitigating circumstances.
For example, an important fact to consider are the tort limitations on medical malpractice lawsuits in Texas.
This means that, in Texas wrongful death actions involving medical malpractice against doctors and other healthcare providers, non-economic damages are limited to either $200,000 or two times the amount of economic damages, up to $750,000, whichever is greater.
This brings us to the next type of damages.
Punitive Wrongful Death Damages
Punitive damages are to punish the liable party and prevent future similar misconduct.
Not every case is eligible for exemplary damages.
However, if the liable party demonstrated recklessness or a very high degree of irresponsibility, the court may award these damages.
The quality of these damages in a wrongful death lawsuits can be quite significant, depending on the incident and the jurisdiction in which it occurred.
But how does a wrongful death lawyer get paid?
We cover that next.
Attorney’s Fees and Interest
In some circumstances, Texas law allows you to recover compensation for your attorney’s fees and interest.
This includes all the reasonable fees paid to attorneys during the legal action and any interest beginning from when the damages happened.
Here’s why that matters.
Wrongful death claims can take several months to years to finally settle, recovering all or part of what you pay for quality legal representation can be important.
So, how is the monetary value actually determined? Here’s where it gets complicated.
How Wrongful Death Damages Are Calculated
It is very difficult to place an exact value on a life. Legally, a range of factors is applied to determine a wrongful death value.
These factors include:
- Age and life expectancy of the deceased
- The decedent’s income and earning capacity
- The decedent’s training and education
- Their health prior to death
- The circumstances surrounding the death
- The age of the decedent’s dependents
- Value of lost benefits (health insurance, pensions)
- Funeral expenses
- Medical bills for the decedent
Every wrongful death claim will be unique, so it’s not possible to provide an average settlement amount.
However, your personal injury lawyers will conduct a thorough evaluation of all the damages to maximize the settlement or jury award for the survivors’ best interests.
Courts base damages in a wrongful death case on objective evidence determined by the expertise of economists, accountants, and other qualified witnesses.
A critical point to consider is the circumstances surrounding the wrongful death. Was is a car accident where the other driver was drunk?
Was the defendant acting maliciously, such as while committing a crime of assault or burglary?
The court may favor awarding more compensation to the surviving family members or the decedent’s estate, if the death resulted from negligent, intentional, or fraudulent actions.
If the death of a person were caused by a corporation, the court may decide punitive damages are necessary to set an example.
Calculating the Deceased’s Lost Earnings
Calculating the amount that the deceased would have contributed to their loved ones’ lives requires the services of a certified economist.
This individual will consider various factors like the deceased’s career, education, age, and background to determine how much the deceased would have earned.
The earnings calculation also includes other considerations beyond simple income and savings, such as the value of any services or care the deceased provided.
This includes:
- medical care,
- education, and
- a homemaker’s housecleaning,
- child care,
- cooking,
- laundry, and other contributions.
Defendants can also offer their own witnesses to dispute this figure.
Part of your wrongful death attorney’s job will be to prepare to rebut these disputations so you can claim the full financial support you deserve.
The judge or jurors will ultimately be responsible for determining what figure most accurately represents the future income earned by the deceased.
Pain, Anguish, and Loss of Companionship
The second major component in calculating the damages in a wrongful death case includes anguish, pain, and loss of companionship endured by surviving loved ones.
Family members such as a surviving spouse, children, siblings, and parents are often eligible for compensation for the loss of a child, too.
A jury will determine what the deceased family member meant to their loved ones. This includes the expenses the decedent’s loved one now incurs as a result of the tragedy.
Wrongful Death Laws in Texas
Under Civil Practice And Remedies Code Title 4 Section 71.002, the survivors of those who die through another person’s negligence have the right to seek financial relief for their losses and for recovery of expenses on behalf of the deceased.
For families, they are eligible to file a wrongful death claim to compensate them for burial expenses, funeral costs, and other associated damages. If the decedent died after a period of injury or illness, the family may also pursue a survival action to recoup the loved one’s medical expenses.
In many cases, the deceased’s personal representative or family members, such as the surviving spouse, parents, and children, are eligible to file both a wrongful death and a survival action simultaneously.
If the victim had initiated a personal injury lawsuit prior to their death against the at-fault party, a skilled attorney could aid them in converting it to a wrongful death case to collect both pre-death and post-death losses.
It’s vital to schedule a consultation with an experienced lawyer to determine the best course of action for your family.
Regardless of the approach, you have only two years after the date of death to file your lawsuit. Texas maintains a statute of limitations for these cases, and if you wait until after the deadline, you could lose your right to hold the wrongdoer accountable for their actions.
By hiring an attorney quickly, you provide the time needed to build a robust and effective claim. Your lawyer and their professional support staff can manage the details of your case while you and your family focus on grieving your lost loved one.
Contact an Experienced Houston Wrongful Death Attorney
At The Krist Law Firm, P.C., our Houston wrongful death attorneys understand the devastation caused by the untimely and wrongful death of a loved one.
Our compassionate legal team is committed to providing you with strong advocacy and support during this difficult time. With our experience and resources, we will hold any responsible party accountable and help ensure you receive all the compensation you deserve.
Call us at 281-283-8500 today and set up a free, no-risk consultation with our attorneys. We will explain your rights, what you can expect, and how we can recover it.
With more than 40 years of experience handling cases involving fatal accidents, we understand your desire for justice in the wake of a tragic loss. Our legal team at The Krist Law Firm, P.C. is here to help and guide you towards a result that provides you some relief.
Call us today at 281-283-8500 or contact us online to schedule a free, no-obligation consultation.