Losing a family member due to someone’s wrongful behavior can be devastating. Anger, frustration, sadness, and a desire for justice are all common emotions that relatives experience after such an event. Not only can the death of a loved one have a tremendous emotional impact on surviving family members, but it can also have substantial financial consequences, especially if the survivors were financially dependent upon the decedent.
Fortunately, Texas law permits those who’ve lost family members in accidents to recover financially for their losses. And while no amount of compensation can heal the pain of losing a loved one, it can at least ensure that surviving family members don’t suffer financially following such a loss. Below is an overview of the types of damages available in Texas wrongful death cases.
Specific damages available in Texas wrongful death cases
In Texas, the surviving children, spouse, or parents of a decedent may pursue compensation for losses that they have personally sustained as a result of their loved one’s death. Damages available in wrongful death cases include:
- The lost earning capacity of the deceased family member
- The loss of an inheritance, which includes the amount that the decedent would have been expected to earn and gift if he or she had lived
- The loss of society, companionship, love, and comfort
- The mental anguish and emotional pain suffered by surviving family members
- The lost value of household services
The above damages require the court to make a determination of value. There are several factors that will influence the total amount awarded by a court in a wrongful death case. A few of the factors that affect the compensation family members may be able to recover in a wrongful death case include:
- The age of the deceased family member
- The profession and earning potential of the deceased family member
- The egregiousness of the conduct that caused the death
- The decedent’s level of responsibility for the event that caused his or her death
Do you need an attorney in a wrongful death case?
While there is no requirement that those who have lost a loved one in an accident hire a Texas wrongful death attorney to handle their case, it is highly recommended. Due to the complex nature of the Texas legal system, people who choose to represent themselves usually have a significant disadvantage when dealing with parties who are represented by legal counsel.
Montgomery County Wrongful Death Attorney
If your family member or loved one was killed due to another’s wrongful conduct or negligence, the Houston wrongful death attorneys at Adams Law Firm are here to help. Our experienced attorneys handle wrongful death and survival claims involving all types of accidents, including professional malpractice, defective products, and unsafe property conditions. If you are the surviving spouse, parent, or child of someone who has been killed in an accident of any kind, please contact us as soon as possible for a free consultation.
Posted in: Wrongful Death