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How Are Damages Calculated in a Wrongful Death Case?

September 20, 2018|POSTED BY condor
Granbury Wrongfull death Lawyer

Individuals that have lost a loved one due to the negligent actions of another part may be entitled to financial compensation from the negligent party. Statute section 71.001 defines wrongful death in Texas as a death that is caused by the carelessness, default, neglect, or wrongful act of another person.

Spouses, children, and parents of individuals that have lost their lives under the conditions outlined by statute 71.001 are eligible to file wrongful death claims in Texas. Potential defendants can be persons, corporations, or government entities.

Brett Cain at the Cain Firm are experts at these types of legal matters and can be contacted at 817-573-4300.

Wrongful Death Compensation Types

Loved ones filing wrongful death claims can seek financial remedy for a variety of damages incurred. These damages, for the most part, are included under the categories of economic, non-economic, and punitive.

Economic Damages

  • Expected earnings of the deceased
  • Estimated inheritance from the deceased
  • Benefits of the deceased party, including medical coverage and pension plans
  • Goods and services that would have been provided by the deceased
  • All medical and funeral bills related to the demise of the deceased individual

Non-Economic Damages

  • Loss of care, training, nurturing or guidance
  • Mental suffering
  • Physical pain
  • Loss of love and companionship

Punitive Damages

Punitive damages are a way to punish the offending party while providing a deterrent to the future behavior of others that could cause a similar tragedy. These damages can be awarded by a court when a liable party is found to have acted with a high degree of recklessness or irresponsibility. The award amounts for punitive damages in wrongful death lawsuits can vary widely and is dependant upon the nature of the offense committed and the jurisdiction governing the matter.

Attorney Fees

The court may also allow for all or part of the fees paid to attorneys by an individual pursuing a wrongful death claim to be returned as part of awarded damages. This includes interest accrued from the moment attorney payments began.

Factors That Influence Monetary Damage

The problems that exist when seeking to assign a monetary value to the life of a human being is obvious. However, this is necessary to determine proper compensation for individuals filing wrongful death suits.

A number of factors are used to calculate the monetary damages in a wrongful death suit. Among these factors are:

  • The earnings potential of the deceased
  • The age of the deceased at the time of death
  • Training and Education possessed by the deceased
  • The health of the deceased prior to death
  • Age and circumstances of the dependants of the deceased
  • Total value of lost benefits
  • Medical bills of the deceased
  • Funeral expenses

Contact Our Experienced Wrongful Death Lawyer

Wrongful death lawsuits are complex matters that should not be handled alone. Individuals that believe they have the right to a wrongful death claim should secure the services of a skilled attorney with intimate knowledge of the laws and statutes that govern proceedings in the state of Texas.

Brett Cain of Cain Firm is an attorney that can be trusted by individuals that have suffered the devastation of losing a loved one due to negligence on the part of another party.

If you or someone you know in Granbury have are in need of a wrongful death attorney due to the loss of a loved one, give Cain Firm a call at 817-573-4300. Brett Cain can also be contacted via this online contact form.

For more information please visit our site.


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