If you have experienced the loss of a loved one in a personal injury accident, we understand the immense emotional and financial burden that accompanies it. The sudden loss not only impacts your psychological well-being but also may result in significant financial obligations. This is particularly true if the deceased required extensive medical treatment or was the primary breadwinner for the family. You may find yourself responsible for medical bills, prescription costs, hiring a home caregiver, and covering funeral expenses.
Fortunately, state laws mandate that the responsible party be held accountable for these losses if they are found to be at fault for the wrongful death. Based on their actions or negligence leading to the death, these individuals can be held legally responsible in court and may be required to provide compensation for your losses to the fullest extent possible under their available insurance policies. However, in order to pursue damages in wrongful death cases in Missouri City, it is necessary to file a claim against the party at fault.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action initiated by close family members of an individual who died as a result of another party’s negligence. Each state has specific laws governing the process of filing a wrongful death lawsuit, which outline the rules for determining the responsible party or parties in the accident.
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What Damages are Available in a Wrongful Death Claim in Missouri City?
Damages in a wrongful death claim are typically categorized into two main groups, depending on the circumstances surrounding the death and any costs incurred prior to the victim’s passing.
Survival Damages
Survival damages pertain to the losses suffered by the deceased individual. For instance, if a car accident victim spends weeks or months receiving medical treatment before succumbing to their injuries, they may have incurred substantial medical expenses, and their ability to earn income for themselves and their family is lost. You are entitled to seek compensation for these losses, which may include:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Loss of benefits, such as pensions
- Loss of inheritance
Survival damages aim to compensate for what the deceased would have received if they had not passed away. Most of these damages are economic in nature and can be quantified with the assistance of economists and vocational experts. Additionally, you may also be eligible for compensation for the physical pain and psychological trauma experienced by the deceased prior to their death.
Damages for the Family
The second category of damages available in a wrongful death claim encompasses the losses experienced by the immediate family members following the passing of the deceased. These losses can range from financial to emotional hardships. Coping with the loss of a loved one is a difficult process, and family members may endure significant psychological distress that may require the assistance of psychologists or therapists.
Wrongful death damages for family members aim to compensate for their financial and emotional losses. These losses may include:
- Funeral expenses
- Loss of parental care
- Loss of consortium (loss of companionship and support)
- Emotional pain and suffering
- Mental anguish
- Loss of financial benefits provided by the deceased
Punitive Damages
Punitive damages may be awarded in certain cases to punish the at-fault party for their egregious conduct. The amount of punitive damages varies depending on the specifics of the case and can reach substantial sums, often in the hundreds of thousands of dollars. However, punitive damages are not applicable in all wrongful death cases. Your attorney will advise you on the potential for obtaining punitive damages based on the circumstances of your case.
Contact an Attorney to Discuss Damages in Missouri City Wrongful Death Actions
When dealing with the loss of a loved one, pursuing a wrongful death claim can be overwhelming and daunting. You may have numerous questions and find the legal process frustrating, as no amount of money can truly compensate for the absence of a loved one.
While filing a claim cannot reverse the past or heal the pain, you have the right to seek compensation for the financial hardships caused by the loss of a family member. Even in their absence, life continues, and you may struggle to cover expenses that the deceased would have taken care of if they were still alive. At Lone Star Injury Attorneys, our lawyers are experienced in assisting families with filing and recovering damages in Missouri City wrongful death actions. To discuss your case and learn more about the process, please contact us today for a free consultation.
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