Personal injury lawsuits provide a dedicated process for accident victims to seek and recover compensation for injury-related losses. However, when an accident is fatal, the aftermath extends well beyond the victim. These tragedies can deprive a family of financial and emotional support and involve significant medical and funeral expenses. This is where a wrongful death lawsuit comes in.
In Texas, a wrongful death lawsuit allows the family and the deceased person’s estate to seek compensation from those responsible for the fatal injury. This compensation can take several forms.
Economic Damages
Texas law provides two types of legal actions after a fatal accident. A wrongful death action belongs to the deceased’s survivors and compensates them for the loss of their loved one’s financial and emotional contributions. If the family declines to file a wrongful death lawsuit, the deceased person’s estate can pursue it on their behalf.
The law also creates a survival action. This action belongs to the decedent's heirs and estate. A survival action seeks compensation for the deceased person’s losses between the fatal injury and their death. For example, suppose that the hospital billed the deceased person for emergency care for the fatal injury. The estate can file a survival action to seek compensation to pay that bill.
Economic damages in either action cover the financial aspects of the person’s death, such as:
- The deceased person’s future earnings
- Medical bills for the fatal injury
- Funeral and burial expenses
- Replacement services costs
The person’s lost earnings are calculated over their remaining life expectancy. For example, the victim’s lost earnings are greater if they were 25 when they died than if they were 75.
In addition to earnings, the family also lost the uncompensated services the person provided, including:
- Cooking
- Cleaning
- Childcare
- Auto repair
- Home and yard maintenance
- Transportation
After their loved one’s death, the family will need to get these services from another source. Whether the family members pay for them or change their work schedules to perform them, the family incurs a financial loss.
Non-Economic Damages
Non-economic losses are the intangible costs associated with the death. In a survival action, they can include the pain and suffering experienced by the victim between the fatal injury and their death.
The non-economic losses in a wrongful death action involve the impact on the family, including:
- Grief and emotional distress
- Loss of companionship, love, and guidance
- Loss of sexual relations
Since these losses have no inherent value, the insurer or jury must use their experience and common sense to put a dollar value on them.
Punitive Damages
Texas law allows punitive damages, also called exemplary damages, when the death results from a willful act or gross negligence. The statute does not define either of these terms. However, a willful act usually includes intentional or knowing actions.
Gross negligence, as the term suggests, requires more than simple negligence. Typically, this means that the at-fault party grossly deviated from the expected standard of care. For example, a car crash where the at-fault driver was speeding might result from negligence. On the other hand, a car crash involving an at-fault driver who was street racing might result from gross negligence.
Loss of Consortium
Loss of consortium is the legal way of describing the loss of a relationship. Some of the ways you valued your relationship were indirectly financial. For example, the deceased might have acted as a mentor and provided career advice. The loss of the relationship deprives you of these economic benefits.
Other ways you might have valued your relationship depend on emotions. The love, companionship, and emotional support you lost can also affect your happiness and quality of life. You can seek compensation for both types of losses in your relationship.
How Compensation Is Determined in Wrongful Death Cases
Economic losses have a value. Your wrongful death lawyer proves this value using financial records like medical bills, funeral bills, and pay stubs. Your lawyer might also hire an expert witness to analyze your future losses and testify about them in court.
Non-economic losses can be more difficult to value. If the case goes to trial, the family members will often testify about their relationship with the deceased to help the jury understand what these losses mean for them.
The Role of a Lawyer in Maximizing Compensation
A wrongful death attorney has the experience with these types of cases necessary to know how to estimate the compensation you can seek. They also gather evidence to prove the losses you suffered.
Additionally, they can negotiate with at-fault parties and their insurers to try to get a fair settlement of your claim. If they cannot reach an agreement, they can file a lawsuit to pursue compensation in court.
FAQ
What Is a Wrongful Death Lawsuit?
Wrongful death lawsuits were created to reverse the common law principle that a person’s legal claims died with them. These lawsuits allow the family members or estate to pursue legal claims against any person or business that contributed to the deceased person’s fatal injury or disease.
When Should I Consider Hiring a Wrongful Death Lawyer?
Consider speaking to a wrongful death attorney if you believe another person or business caused your loved one’s death. For example, you should consult a lawyer if your relative’s terminal cancer resulted from exposure to pesticides.
Does Texas Cap Compensation in Wrongful Death Cases?
Texas does not cap economic compensation in any wrongful death cases. It does not cap non-economic compensation in most cases, either. However, the state has a cap on non-economic compensation for wrongful death claims based on medical malpractice.
Trust Ramsey Law Group With Your Wrongful Death Case
At Ramsey Law Group, our compassionate team has extensive experience fighting for accident victims and their families in Texas. Contact us to find out how we can help you seek the justice you deserve today.