The loss of a family member or loved one due to someone else’s negligence is a painful and devastating experience. Knowing that the death was someone else’s fault can leave you feeling frustrated and wanting some accountability.
This accountability can come through filing a wrongful death lawsuit. Texas law defines wrongful death as a death resulting from a “wrongful act, neglect, carelessness, unskillfulness or default” of another person or entity.
Under Texas law, only the surviving spouse, biological or legal parents or biological or legal children of the deceased may file a wrongful death lawsuit. The personal representative of the deceased’s estate may file the lawsuit if none of these family members file within three months of the death.
Economic and non-economic damages
Your total recovery in a wrongful death lawsuit includes economic and non-economic damages. Economic damages can include expenses related to hospitalization and funeral costs, lost income and lost benefits. Non-economic damages include mental anguish, loss of companionship and loss of parental guidance in cases involving the loss of a parent.
If the situation involves particularly malicious or egregious behavior, punitive damages could be awarded. Punitive damage awards are intended to punish the responsible party and act as a deterrent against similar behavior in the future.
There are several factors that impact the amount you ultimately receive in economic, non-economic and punitive damages.
Establishing negligence
Wrongful death cases are based on negligence, which requires showing that the responsible party breached a duty of care they owed to your loved one and that duty caused your loved one’s death.
Proving causation is one of the most challenging aspects of establishing negligence. You must provide evidence that the responsible party’s actions directly caused your loved one’s death. Strong evidence clearly proving causation increases your chance of receiving higher compensation.
Cases involving gross, or extreme, negligence could result in a higher award. For example, if your loved one was killed in a car accident, evidence showing the other driver was drunk in addition to speeding might factor into an overall compensation award.
Additional factors impacting compensation
Other factors include the victim’s age and the surviving dependents. Compensation can be higher in cases involving younger victims due to the larger expected future income loss.
Additionally, there is a potential for higher compensation in cases involving victims who left behind spouses or children, based on lost companionship and financial dependence.
Overall, the amount of compensation you receive depends on these and other factors. Just as your loved one was unique, each wrongful death case is unique and the final settlement or award depends on how these factors apply to your case.
Securing fair compensation in a wrongful death lawsuit requires a good strategy. Insurance companies and negligent defendants will try to minimize the amounts they must pay out.
An insurance company may be quick to offer you a low settlement amount hoping you will accept because you need the money as soon as possible. It is usually best to turn down an initial offer and pursue additional compensation.
Preparing your wrongful death case
You can build a stronger case by carefully documenting all your financial losses. Keep detailed records of economic damages. Evidence such as police reports and witness statements can help you prove negligence. Keeping a journal and writing down your thoughts and feelings can be evidence used to support non-economic damages.
Pursuing a wrongful death lawsuit is often stressful. Nothing can bring your loved one back to you. But understanding how to build a case and the factors involved can help you make the right decisions.