Exploring Damages in Wrongful Death Cases: What Can You Claim?

Types of Damages That Can be Claimed in a Wrongful Death Case

Losing a loved one is an emotionally devastating experience, especially when their death is the result of someone else’s negligence or wrongful actions. In such tragic situations, surviving family members may have legal recourse through a wrongful death lawsuit. One critical aspect of these cases is understanding the types of damages that can be claimed. In this blog, we will explore the various damages that can be sought in a wrongful death case, shedding light on the financial and emotional burdens they aim to address.

Types of Damages in Wrongful Death Cases:

1. Economic Damages:Economic damages, also known as pecuniary losses, encompass the financial losses that result from the death of a loved one. These may include:a. Medical Expenses: Any medical bills incurred before the victim’s passing, including hospitalization, treatment, and medication costs.b. Funeral and Burial Expenses: Costs associated with arranging a funeral or burial service, which can be substantial.c. Lost Income: Compensation for the income the deceased would have earned throughout their lifetime, including future earnings and benefits.d. Loss of Financial Support: If the deceased was the primary breadwinner, surviving family members can seek compensation for the financial support they provided.
2. Non-Economic Damages:Non-economic damages are more challenging to quantify as they relate to the emotional and intangible losses suffered by surviving family members. These may include:a. Pain and Suffering: Compensation for the emotional distress, grief, and mental anguish experienced by surviving family members due to the loss of their loved one.b. Loss of Companionship: Damages to address the loss of companionship, love, and guidance that the deceased provided to family members.c. Loss of Consortium: Compensation for the loss of spousal or parental support, including the loss of marital relations or the guidance and care of a parent.d. Loss of Enjoyment of Life: When the deceased’s family members have been deprived of the enjoyment and shared experiences they would have had with their loved one.
3. Punitive Damages:In some cases, punitive damages may be awarded if the responsible party’s actions were particularly reckless, intentional, or malicious. These damages are intended to punish the wrongdoer and deter others from engaging in similar conduct.
4. Survival Action Damages:Survival action damages pertain to the pain and suffering endured by the deceased person before their death. These damages are pursued on behalf of the deceased’s estate and can include medical expenses incurred during treatment, lost income during the period of injury or illness, and the deceased’s pain and suffering.
5. Childhood Development Costs:In cases where a child has lost a parent, courts may consider the financial impact on the child’s upbringing, including education and counseling expenses.
6. Punitive Damages:In particularly egregious cases, where the responsible party’s actions were deemed intentionally harmful or grossly negligent, punitive damages may be awarded to punish the wrongdoer and discourage similar behavior in the future.

Wrongful death cases are not solely about seeking financial compensation; they also serve to hold responsible parties accountable for their actions. By understanding the types of damages that can be claimed in a wrongful death case, surviving family members can seek the justice and financial support they need during a challenging time. If you have lost a loved one due to someone else’s negligence, consulting with a qualified wrongful death attorney can help you navigate the legal process and pursue the appropriate damages to secure your family’s future and honor the memory of your loved one.

Call The Dashner Law Firm For Help With Your Wrongful Death Case

If you have recently lost a loved one due to someone else’s negligence, you may be feeling overwhelmed and unsure of where to turn. The experienced Irving wrongful death lawyers attorneys at The Dashner Law Firm can help. We understand the pain and suffering that you are going through and we will fight for the justice your loved one deserves. Wrongful death claims can be complex and difficult to win. However, with the help of a knowledgeable attorney, you stand a much better chance of success. If you are looking for a wrongful death attorney in Texas, call The Dashner Law Firm today to schedule a free consultation. We will review your case and advise you of your legal options. Let us help