When a person dies as a result of the negligent or intentional actions of another party, their family members may have the right to file a wrongful death lawsuit. This allows certain surviving relatives to recover damages for their losses. There are two main categories of damages that can be sought in wrongful death cases – financial/economic damages and non-economic damages for emotional grief and suffering.
Financial and Economic Damages
Financial and economic damages make up the tangible, monetary losses suffered by the surviving family members due to the wrongful death. These damages are meant to compensate for the real financial support and services the deceased would have contributed to their survivors. Some common financial losses include:
- Lost income and earnings – This includes the income and wages the deceased would have earned throughout their remaining working life. Experts are often brought in to calculate the total lifetime earning capacity based on factors like the person’s age, health, education, job/career, and earnings history.
- Loss of benefits – Damages can include compensation for employment benefits the deceased would have received like health insurance, retirement contributions, and other perks.
- Funeral and burial costs – Surviving family members can recover the costs associated with funeral services, burial plot, headstone, transportation of remains, flowers, obituary notices, etc.
- Medical and emergency services expenses – If there were medical, ambulance or emergency costs related to the incident causing death, the survivors can claim these costs as damages.
- Loss of household services – The decedent’s contributions to household maintenance, cleaning, cooking, childcare, homeschooling, transportation of family members, and other daily services have a financial value. Expert testimony is often used to assign a dollar value to these lost services.
- Loss of inheritance – The financial losses from future inheritance that survivors could reasonably have expected to receive if the deceased had not died prematurely.
- Loss of business or employment opportunities – If the deceased was a business owner, their death may eliminate income and opportunities that survivors would have benefited from.
- Loss of tuition and education funds – If the deceased was funding a survivor’s education, damages can include compensation for loss of tuition and education costs they would have covered.
Non-Economic Damages for Grief and Suffering
In addition to the tangible financial losses, wrongful death lawsuits filed by a Dallas wrongful death attorney from Karns & Karns Personal Injury and Accident Attorneys allow surviving family members to seek damages for the emotional grief, pain and suffering resulting from the loss of their loved one. Some common non-economic losses include:
- Loss of companionship – Damages can compensate for the loss of positive benefits the survivor(s) would have received from the continued companionship, love, affection, care, guidance, tutelage, and protection of the deceased.
- Loss of consortium – Spouses specifically can receive compensation for the loss of intimacy, affection, solace, moral support, enjoyment of sexual relations, etc. from their deceased partner.
- Pain and suffering – Close family members who witness or experience trauma related to the wrongful death incident can receive damages for their resulting emotional distress, grief, sorrow, mental anguish, and pain and suffering.
- Loss of prospective inheritance – In some states, survivors can also make a claim for financial losses from future inheritance they could reasonably have expected to receive if the deceased had not died prematurely.
- Loss of nurture, care, and guidance for minor children – Children of the deceased can be compensated for the loss of parental nurturing, care, education, guidance, counseling, discipline, etc.
Wrongful Death Settlements
The majority of wrongful death claims settle out of court before reaching a trial. In negotiated settlements, the defendants and their insurance companies agree to pay the surviving family members a lump-sum monetary amount as compensation for their losses.
Settlement amounts vary widely based on the circumstances of each case and the economic standing of the deceased. The more future earning capacity the deceased had, the higher the potential settlement. Cases involving younger decedents, serious misconduct by the defendant, or multiple survivors tend to result in higher settlements.
It’s critical for the survivors to have an experienced wrongful death attorney from Karns & Karns Personal Injury and Accident Attorneys advocate on their behalf during settlement negotiations. An attorney can deal with complex legal issues, thoroughly investigate case merits, accurately calculate full damages, and aggressively negotiate for fair compensation. With strong legal representation from a wrongful death lawyer Dallas TX, families are more likely to recover the maximum damages possible for their devastating loss.
Factors that can increase settlement value:
- Clear liability and negligence by defendant
- Young age of decedent with ample earning capacity
- Decedent had high income and supported multiple survivors
- Decedent made significant voluntary contributions to survivors
- Survivors experienced trauma witnessing the incident
- Long marriage or close relationship between decedent and survivors
- Defendant’s misconduct was intentional, reckless, or grossly negligent
- Defendant has the ability to pay substantial punitive damages
Work with an Experienced Personal Injury Lawyer
Retaining an experienced wrongful death attorney from Karns & Karns Personal Injury and Accident Attorneys is critical for surviving families seeking maximum compensation. A knowledgeable lawyer from Karns & Karns Personal Injury and Accident Attorneys understands the complex legal process, thoroughly investigates the case, identifies all liable parties, calculates full damages, preserves evidence, locates expert witnesses, and aggressively negotiates with insurance companies. We know how to present a compelling demand package to the defense supported by legal merits. We work on a contingency fee basis so there are no upfront costs. With strong legal representation from our law firm, families gain a powerful advocate to fight for the compensation they rightly deserve.
With an experienced personal injury attorney from Karns & Karns Personal Injury and Accident Attorneys fighting for their rights, families can focus on grieving their loss while holding the negligent parties fully accountable. No amount of money can make up for the tragic death of a loved one, but financial compensation can provide some security and closure. Though money cannot replace a life, it can enable survivors to move forward in the decedent’s memory.
Call us on 800-4THE-WIN (800-484-3946) to discuss your case today.
