Losing a loved one in an accident is an incredibly painful process. It is heart-wrenching to realize that your family member, friend, or spouse would still be alive if not for the negligence of another party. Fortunately, the law allows you or any other surviving family member to file a wrongful death action to seek compensation for your loss. While no amount of money can replace the life of a loved one, filing a lawsuit enables surviving members to recover financial losses incurred from medical bills and other expenses the deceased accumulated before their passing. This includes any financial support the deceased provided. Wrongful death is a prevalent occurrence in the United States, as reported by the Centers for Disease Control and Prevention.
At Lone Star Injury Attorneys, it is our mission to hold the at-fault party accountable for the loss of your loved one and the subsequent pain and suffering. We understand that the healing process takes time and that grief is an integral part of it. However, while you focus on your emotional recovery, it may feel challenging to initiate the legal process promptly, as if you’re trading their life for money. Unfortunately, the law imposes a statute of limitations, which is a time frame within which you must file a wrongful death action. Failure to meet this deadline will result in the loss of your legal rights. Nonetheless, with the assistance of a dedicated fatal accident attorney, you can pursue your claim. If you wish to learn more about damages in Pearland wrongful death actions, please contact our firm without delay.
What is a Wrongful Death Action?
A wrongful death action is a claim or lawsuit filed by surviving family members or other legally authorized individuals for the death of a person. In most cases, death occurs as a result of someone else’s negligent, reckless, or intentional actions. Distracted driving is a common example of a negligent act leading to a wrongful death action.
There are various types of damages that can be claimed in a fatal accident claim in Pearland. Most often, these damages are based on the financial losses suffered before and after the loss of your loved one. They can be categorized into three main categories: economic, non-economic, and punitive.
Recovering Economic Damages for a Fatal Accident
Economic damages refer to losses that can be assigned a monetary value. This category of damages encompasses all financial losses experienced by the deceased or surviving family members from the time of the accident until the deceased’s expected natural lifespan. In certain instances, it may also include indirect losses or benefits that immediate family members, such as spouses and children, have been deprived of due to the loss of their loved one. Generally, economic damages comprise:
- Medical Bills
- Funeral Expenses
- Loss of Benefits
- Loss of Future Income
- Lost Wages
- Loss of Future Inheritance
- Loss of Financial Support
The economic damages recoverable in a wrongful death action are akin to the compensation available in a personal injury lawsuit. However, in this case, the plaintiff acts on behalf of the deceased to claim damages that the deceased would have been entitled to if they had survived the accident.
Non-Economic Damages in Pearland
Non-economic damages encompass intangible losses suffered by the deceased before their death. It also takes into account any intangible losses experienced by the deceased’s immediate family. However, assigning a monetary value to this type of damages can be challenging. It requires the expertise of highly skilled lawyers and the assistance of expert witnesses. If successful, you may be eligible to recover damages for:
- The deceased’s pain and suffering before passing away
- The deceased’s emotional anguish before passing away
- Pain and suffering of the surviving family members
- Emotional trauma experienced by the spouse, children, and family
- Loss of consortium
- Loss of affection
- Loss of parental care and guidance
Calculating and recovering non-economic damages for your wrongful death action can be complex, which is why it is beneficial to hire an experienced lawyer.
When are Punitive Damages Available?
Depending on the specifics of your fatal accident case, you may also be able to recover punitive damages. Unlike economic and non-economic damages, punitive damages are not intended to compensate for losses. Instead, they serve to punish the defendant or at-fault party for their misconduct. Qualification for punitive damages is only possible under certain circumstances.
Who Can Seek Compensation in a Pearland Wrongful Death Action?
It is important to note that not everyone can file a claim for the loss of their loved one. Wrongful death actions are typically initiated by surviving beneficiaries or relatives of the deceased individual. The right to pursue this legal action is often granted to the deceased’s:
- Spouse
- Parents
- Children
While these individuals are the direct beneficiaries of the monetary compensation awarded in a wrongful death case, the formal legal action must be carried out by a trusted personal representative of the deceased.
Contact Our Experienced Attorneys to Discuss Damages in Pearland Wrongful Death Actions
If you have recently suffered the loss of a loved one, we recognize that access to financial resources may be crucial for your survival, particularly if the deceased was your sole breadwinner. Therefore, we are committed to utilizing our resources to achieve the best possible outcome for your case. With the assistance of an experienced lawyer, you have the potential to recover damages in a Pearland wrongful death action. To take a step towards resolving your case, please contact us to schedule an appointment today.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
