What is a wrongful death claim?
A wrongful death claim is a type of lawsuit filed by the family members or the estate of a person who has died as a result of someone else’s negligence, recklessness, or intentional misconduct. The goal of a wrongful death claim is to seek compensation for the damages caused by the death of the person.
Who can file a wrongful death claim?
In most states, including Texas, the following parties are allowed to file a wrongful death claim:
- Spouse: The surviving spouse of the deceased person has the right to file a wrongful death claim.
- Children: If the deceased person had children, they may file a wrongful death claim.
- Parents: If the deceased person did not have a spouse or children, their parents may file a wrongful death claim.
- Personal representative: If none of the above parties file a wrongful death claim within a certain time frame, the personal representative of the deceased person’s estate may file a claim.
What damages can be recovered in wrongful death cases?
The damages that can be recovered in a wrongful death case vary depending on the specific circumstances of the case and the applicable laws in the jurisdiction where the claim is filed. The following are some of the damages that may be recovered in a wrongful death case:
- Economic damages: Economic damages refer to the monetary losses that the family members or the estate of the deceased person have suffered as a result of their death. These damages may include:
- Medical expenses: If the deceased person received medical treatment before their death, the family members or the estate may be able to recover the costs of that treatment.
- Funeral expenses: The family members or the estate may be able to recover the costs of the deceased person’s funeral and burial.
- Lost income: If the deceased person was the primary breadwinner for their family, the family members may be able to recover the income that the deceased person would have earned if they had not died.
- Loss of services: If the deceased person provided services to their family members, such as childcare or housekeeping, the family members may be able to recover the value of those services.
- Non-economic damages: Non-economic damages refer to losses that are not easily quantifiable in monetary terms. These damages may include:
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- Pain and suffering: The family members of the deceased person may be able to recover compensation for the emotional pain and suffering they have experienced as a result of their loved one’s death.
- Loss of companionship: The family members of the deceased person may be able to recover compensation for the loss of the deceased person’s love, companionship, and emotional support.
- Mental anguish: The family members of the deceased person may be able to recover compensation for the psychological trauma they have experienced as a result of their loved one’s death.
- Punitive damages: In some cases, the court may award punitive damages to punish the defendant for their wrongful conduct.
Calculating damages in a wrongful death case
Calculating damages in a wrongful death case can be complex and may require the help of an experienced attorney. Factors that may affect the number of damages that can be recovered include:
- The age, health, and income of the deceased person
- The relationship between the deceased person and the family members or beneficiaries
- The circumstances of the death, including the degree of negligence or recklessness of the defendant
- The expected future earnings of the deceased person
- The amount of financial support that the deceased person provided to their family members
- The emotional impact of the loss on the family members
To determine the number of damages that can be recovered, the attorney may consult with experts, such as financial analysts or psychologists, to evaluate the impact of the death on the family members and to estimate the economic damages.
It’s worth noting that the state of Texas has a cap on non-economic damages in wrongful death cases. As of 2021, the cap is $2.3 million for non-economic damages in a medical malpractice case, and $500,000 for non-economic damages in other wrongful death cases. However, these caps may change over time, and an experienced attorney can advise you on the applicable laws and regulations.
How The Lopez Law Group Can Help
If you have lost a loved one due to someone else’s negligence or wrongdoing, the Lopez Law Group can help. Our experienced wrongful death attorneys in Weslaco, TX can guide you through the legal process of filing a wrongful death claim in Weslaco and ensure that your rights are protected. We understand how difficult and emotional this process can be, and we are committed to providing compassionate and effective representation to our clients. Contact our Weslaco wrongful death lawyers today to schedule a free consultation and learn how we can help you seek justice for your loved one.
