If you lost your loved one to a wrongful death caused by someone’s negligence, you should consult a wrongful death attorney to determine your eligibility to file a claim. No sum of money can ever compensate for your loss, but a wrongful death lawsuit provides financial support for you and other surviving family members and offers a measure of justice and closure.
Houston wrongful death settlements could also prevent harm from coming to others by deterring the defendant from similar negligence in the future. Our team could guide you through the complexities of your case, negotiate for a fair settlement, and represent you in court if necessary.
What Types of Damages Do Wrongful Death Settlements Include?
Negotiating an accidental death settlement in Houston involves recoverable compensation, which generally includes economic damages, non-economic damages, and, in some cases, punitive damages. The deceased’s spouse, children, and parents can seek damages for the losses they suffered, such as:
- Loss of consortium: This accounts for the disruption of the marital relationship
- Mental anguish: Compensation for the family’s emotional pain, grief, and suffering
- Loss of parental guidance: This covers children’s loss of their parents’ care, guidance, and nurturing
- Loss of companionship: This includes the loss of the deceased’s love, comfort, and emotional support
- Funeral and burial costs: These are the reasonable expenses for the funeral and burial arrangements
- Medical expenses: Any medical costs incurred for the deceased’s treatment between the time of their injury and death may be recovered
- Loss of financial support and inheritance: This covers the income, benefits, and inheritance the deceased would have provided to their family had they lived
- Lost household services: This accounts for the monetary value of the domestic services the deceased would have performed, such as childcare, home maintenance, and housekeeping
Economic damages are quantifiable financial losses resulting from the death and can be proven with records, such as bills, pay stubs, and invoices. Non-economic damages compensate the surviving family members for the subjective, intangible losses caused by the death. The amount awarded can vary significantly, as it is based on the specific circumstances of each case.
Punitive damages can be awarded in cases where the defendant’s actions were the result of gross negligence or malicious intent. Punitive damages are meant to punish the wrongdoer and deter similar behavior in the future rather than compensate the family for their losses.
State law allows for a separate survival action brought on behalf of the deceased’s estate under Texas Civil Practice & Remedies Code § 71.021. Damages recovered through this action belong to the estate and are distributed to the heirs according to the will or state law.
Important Elements of a Wrongful Death Claim
Before proceeding with a wrongful death claim, we advise our Houston clients to consider four key elements necessary for a successful settlement. These include the following:
- Duty of care: The plaintiff must prove that the defendant owed a legal duty to the deceased to act with reasonable care toward them
- Breach of duty: Evidence must show that the defendant breached or failed to fulfill this legal duty, meaning their actions or inactions fell below the expected standard of care
- Causation: The plaintiff must establish a direct causal link between the defendant’s breach of duty and the death of the plaintiff’s loved one
- Damages: The death must have resulted in quantifiable losses for the surviving family members
Only the surviving spouse, children, and parents are eligible to file a wrongful death claim. The general deadline for filing a wrongful death lawsuit is two years from the date of the person’s death. Failure to file within this timeframe can result in losing the right to seek compensation, barring a specific exception.
Consult With a Houston Lawyer About Settling a Wrongful Death Claim
An attorney with experience in Houston wrongful death settlements could establish negligence, identify eligible claimants, and guide your family through the process of seeking compensation for your losses. If you want to file a wrongful death case after the death of a loved one, you should consult with an attorney as soon as possible.
Our legal team could help you understand your best options, determine if you have a valid case, and ensure you do not miss any deadlines. Contact us today to request your free case consultation.