Wrongful death claims provide a way for surviving family members to seek compensation for their loss. The purpose is to provide some form of relief to the survivors who depended on the deceased for support. Here’s a brief explanation from a wrongful death attorney of how compensation is determined in a wrongful death case.
How Is Compensation Determined in a Wrongful Death Case? Answers from a Wrongful Death Attorney
Evaluating Economic Damages
The court will first assess the economic damages resulting from the wrongful death, taking factors like inflation and cost of living increases into account. These economic damages are measurable financial losses and typically include the loss of financial support, which covers the income the deceased would have provided to their family.
To determine this, the court considers factors such as the deceased’s age, occupation, earning capacity, and life expectancy. Potential promotions or career advancements the deceased might have achieved may also be considered.
In addition, economic damages can include medical costs incurred due to the incident leading to the death, as well as funeral and burial expenses. If the survivors depended on the deceased for benefits like health insurance, retirement benefits, or pension plans, the loss of these benefits may be considered as well.
Assessing Non-Economic Damages
Non-economic damages are more difficult to quantify, since these are based on subjective factors. The goal is to provide some measure of compensation for the emotional and intangible losses experienced by the survivors of a wrongful death.
These damages may include the loss of companionship and society, which includes the emotional support, love, and companionship the deceased provided to their family members. The court also considers the quality of the relationship between the deceased and the survivors, as well as the impact of the loss on their lives.
Non-economic damages may include compensation for the emotional pain and suffering of the survivors due to the loss. Loss of consortium is another aspect of non-economic damages. Loss of consortium specifically addresses the loss experienced by a spouse, including the loss of companionship, sexual relations, and emotional support.
Considering Punitive Damages
If there was particularly severe negligence or misconduct that led to the death, the court may also award punitive damages. Punitive damages are an additional sum awarded to the victims with the intent to punish the conduct of the responsible party and deter similar behavior in the future.
Taking Texas Law into Consideration
Texas law concerning wrongful death suits caps punitive damages. There is no cap, however, on non-economic damages in general wrongful death claims, except for cases involving medical malpractice. To find out more about about Texas law concerning wrongful death suits, visit this page.
While no amount of money can replace a loved one, obtaining fair compensation can help families find some measure of justice, help, and support as they move forward with their lives.
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