Wrongful Death Lawsuits and Damages

The loss of a family member is impossible to quantify. It involves no only considerable financial losses, but the emotional devastation caused by the loss of a family member cannot be articulated. While wrongful death lawsuits are intended to provide financial compensation to the families of victims of wrongful death, it is difficult to state just how much these individuals should receive in damages from the person or entity responsible for their loved one's death.

Although winning a wrongful death lawsuit can never erase the pain of losing a loved one, it can help ease the financial pain felt by family members as well help them feel a greater sense of justice concerning the death.
In wrongful death lawsuits, the families of the deceased may site a number of different types of damages. The damages that can be declared vary greatly from state to state, but may include:

• Any hospital expenses, home care or other medical expenses resulting from medical care for the victim prior to the death.
• Sorrow and mental anguish caused by the loss of companionship felt after the death
• Compensation for loss of income that was brought in by the victim
• Loss of services, protection, care or assistance which were provided to beneficiaries by the victim
• Loss of future earnings that would have been made by the victim
• Loss of medical benefits
• Loss of inheritance
• Pain and suffering
• Funeral expenses up to a certain point

Wrongful death lawsuits are typically very difficult for families to participate in as the wound of the death is often still very fresh, but in the long run they can help out immensely with the staggering costs that accompany unexpected deaths.


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Wrongful Death Suits in Texas

Unfortunately, in some cases, personal injury can be severe and result in death. Losing a loved one becomes even more difficult to cope with when your loved one's life is unexpectedly taken and the circumstances causing death might have been prevented. Whether your loved one lost their life by an 18 wheeler accident, through medical neglect or any injury related incident, you have the right to seek compensation for the pain and suffering you must endure as a result of someone else's negligence. We strongly encourage you to speak to an experienced wrongful death attorney. Your attorney should properly advocate for your family's rights and provide the best possible advice/outcome for survivors

What Is a "Wrongful Death" Suit?
A wrongful death suit is a civil action which charges another with being liable for injury resulting in another's death by reason of negligent actions or a failure to act which could foreseeably result in death. The plaintiff (the executor or administrator of the estate of the decedent, family member, or spouse) must prove that the decedent would not have died but for the negligence of the defendant. In Texas, wrongful death suits exist because the Legislature has passed a law permitting them, and so these suits are controlled by and limited by this law.

Does Every Death Result in a Lawsuit?
Of course, not every accidental death case results in a successful claim. However, you're strongly recommended that you discuss your wrongful death claim with an experienced Austin personal injury attorney. This consultation is will help you understand in which of the following areas you may be able to receive compensation such as: your loved one's pain and suffering before death, a lifetime of lost earnings, medical expenses , property damage, death, loss of consortium (spousal services) and/or punitive damages.

Who Can Recover in a Wrongful Death Suit?
A wrongful death suit is intended to compensate a surviving spouse, next of kin, or children of a person who is unexpectedly killed. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to the surviving spouse, children and/or parents had he or she survived. Compensatory damages, which are intended to make restitution for the amount of money lost, are the most common damages awarded in wrongful death actions. If you prevail in a wrongful death suit, you may recover medical and funeral expenses in addition to the amount of economic support you could have received if the decedent had lived and, in some instances, a sum of money to compensate for grief or even companionship. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.


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