If you have lost your loved one in a personal injury accident, we understand the enormous emotional hardship that comes with it. Such a sudden loss not only affects your psychological being but also may come with large financial needs. This is especially the case when the deceased requires extensive medical treatment or was the primary income earner for the family. You may be expected to cover medical bills arising from treatment, prescription drugs, hiring a home caregiver, and lastly, covering funeral expenses.
Fortunately, the state laws require the person responsible for the tragedy to cover these losses if they are found to be at fault for the wrongful death. Based on their actions or inactions that led to the death, these individuals can be held accountable in a court of law and be compelled to make up for your losses as much as they can from their available insurance policies. However, for you to recover for the damages in Missouri City wrongful death actions, you must file a claim against the at-fault party.
A wrongful death action is a civil action brought forward by close family members of a person who died due to the negligence of another party. There are state laws governing the litigation of a wrongful death action. This defines the set of rules which identify the party or parties responsible for the accident.
Damages in a wrongful death claim action are typically divided into two major categories. The extent of each category is dependent on how the death occurred, and whether there were other costs incurred before the death of the victim.
Survival damages are based on the losses of the deceased himself or herself. For example, a car accident victim may spend weeks or months receiving treatment in a hospital before losing their battle to their injuries. Meanwhile, they have incurred large medical bills, and the deceased can no longer earn income for themselves and their family. You are entitled to receive compensation accrued over this period. They may include:
Survival damages are based on what the deceased would have received if they had not passed away. The majority of these are economic losses and can be calculated with the help of economists and vocational experts. Additionally, you may also receive compensation for the physical pain and psychological trauma the deceased may have gone through before passing away.
The second category of damages available in a wrongful death claim is based on the losses incurred by the immediate family members of the deceased after his or her demise. This spans from financial to psychological losses. For example, coming to terms with the passing away of a loved one is not easy. Their loved ones will undergo many moments of psychological distress in dealing with the passing of their loved one, which may require the help of psychologists.
Wrongful death damages for family members of the deceased attempt to make up for their financial and emotional losses. These losses may include:
Punitive damages are often sometimes awarded to punish the party at fault for their bad conduct. The value of these damages depend on the case, but can extend to hundreds of thousands of dollars. However, they are not applicable to all wrongful death cases. Your lawyer will advise you on the possibility of getting punitive damages based on your case.
When trying to cope with the loss of your loved one, a wrongful death claim can be confusing or intimidating. You will have many questions concerning the lawsuit. You may even be aggravated by the system in general, as no amount of money can truly make up for the loss of a loved one.
While filing a claim cannot undo the damage already done, you are entitled to receiving compensation for the financial hardship you are put through by the passing of a family member. Even in their absence, life must continue, and for this reason, you may struggle to meet many bills that the deceased would have taken care of if they were alive. Our lawyers at Lone Star Injury Attorneys can help families file and recover damages in Missouri City wrongful death actions. To discuss this and much more about your case, call us today for a free consultation.