Wrongful death cases often involve significant damages, as death tends to take a heavy toll on surviving family members. To make sure you recover all your damages, you should speak to an attorney about your loved one’s passing. You might be entitled to substantial damages for monetary expenses, emotional suffering and distress, and possibly more.
Wrongful death claims involve the passing of a family member due to the negligent or wrongful actions of another. As you can imagine, damages in these cases tend to be high, but you need a lawyer to help determine the true extent of your damages. Economic losses for things like funeral costs and lost financial support should be considered. We must also think about the emotional and psychological distress your family has endured. In certain cases, exemplary damages might be available, but this tends to be less common. Your claims may be limited depending on whether the court enforces caps on your damages. Even so, damages may be significant, and our legal team will help you and your family get justice.
For a free, private care review, call The Queenan Law Firm at (817) 476-1797 and speak to our Dallas wrongful death attorneys.
Potential Damages in a Texas Wrongful Death Case
Damages in wrongful death cases are often significant since death is one thing for which courts can never truly compensate plaintiffs. Damages in these cases often revolve around how the sudden loss of a loved one takes a serious financial toll on families. Additionally, your emotional distress and suffering may warrant significant compensation. In some cases, plaintiffs might be eligible for exemplary damages, although this is uncommon.
Economic Damages
Death is expensive, and wrongful death cases often involve significant claims for economic damages by surviving family members. First, plaintiffs may claim the costs of a funeral and burial. Funeral arrangements are infamously costly, with many funerals costing thousands of dollars just for basic necessities, like a casket and burial plot. Many people are unprepared to pay for such expenses when their loved one suddenly passes away under wrongful circumstances.
Another source of financial strain in the wake of a wrongful death is the loss of income and financial support from the deceased person. Many people rely on their loved ones to help with the cost of living. For example, if a person passes away, their surviving spouse might be left without the financial support they once relied on. This can be especially serious in cases where the deceased person is the primary breadwinner of their household.
Our Texas wrongful death lawyers should also consider the loss of certain services your loved one provided. Maybe they helped you as a caregiver for another family member, like a child. Without them, you might have to hire a caregiver, which can be expensive. Your attorney can help you estimate the value of these services and add it to your damages.
Non-Economic Damages
Non-economic injuries are somewhat harder to estimate because they tend to be subjective and unrelated to financial costs. For example, emotional suffering, distress, and grief are common after losing a loved one, and they may take a serious psychological toll on you and your family. These feelings may be exacerbated by the fact that your loved one’s passing was untimely and wrongful. Speak to your attorney about assessing these damages and what they might be worth.
Exemplary Damages
Exemplary damages are not always available and are awarded to penalize defendants rather than compensate for anything the plaintiff lost. Exemplary damages may only be awarded if plaintiffs show that the defendant’s actions were beyond ordinary negligence. According to Tex. Civ. Prac. & Rem. Code § 71.009, we must prove that the defendant caused your injuries by a willful act or omission or by gross negligence. Gross negligence may include actions that involve a more extreme or unreasonable risk of harm than ordinary negligence.
According to § 41.003(a), we must prove by clear and convincing evidence that the defendant’s actions included fraud, malice, or gross negligence. This is a high burden of proof and may not be easily met. However, if the defendant’s action in your case meets the above criteria, we can help you argue for exemplary damages.
Possible Caps on Damages in Texas Wrongful Death Cases
Damages may be high, but they are often not without some sort of limit. In some states, damages are capped by statute. However, Texas handles damages a bit differently. Generally, no caps exist for economic and non-economic damages, at least not by statute. Instead, these damages are limited only to what you may actually prove and claim. For example, if you lost a total of $50,000, you may claim no more than $50,000 as your economic damages. Similarly, non-economic damages are limited to what you can prove. Juries typically may not award non-economic damages for things you could not prove or did not claim.
Statutory caps do exist for exemplary damages under Tex. Civ. Prac. & Rem. Code § 41.008(b). According to the law, exemplary damages are limited in one of two ways. First, they may be worth more than twice the value of your economic damages plus an amount equal to non-economic damages not exceeding $750,000. Second and alternatively, your exemplary damages may be capped at $200,000. The greater of these two options will apply.
The statutory caps on exemplary damages do not apply in cases where the wrongful death is caused by knowing and intentional conduct that constitutes a felony (e.g., murder, aggravated assault).
Damages Available in Survival Actions in Texas
Survival actions involve claims for losses and damages experienced by a deceased person at the center of a wrongful death claim. These damages are not related to losses experienced by surviving plaintiffs but constitute damages the deceased person could have claimed had they survived their injuries. Survival actions are commonly filed alongside wrongful death cases.
According to Tex. Civ. Prac. & Rem. Code § 71.021, your survival action may include claims for damages sustained by the deceased person before they passed away. For example, your loved one might have incurred medical bills, property damage, and pain and suffering. Again, there are no statutory caps on these damages. However, they must be proven and proportionate to the facts of the case.
Get in Touch with Our Texas Wrongful Death Lawyers as Soon as Possible
For a free, private care review, call The Queenan Law Firm at (817) 476-1797 and speak to our Arlington, TX wrongful death attorneys.