What Damages Can You Declare In a Wrongful Dying Lawsuit in Texas?

Wrongful Dying

Posted by Trent Kelly on January 18, 2023
What Damages Can You Claim In a Wrongful Death Lawsuit in Texas?

Our sense of equity is deeply felt when a liked one is taken from us too quickly, and particularly when that loss is the results of another person’s carelessness. “Wrongful dying” lawsuits contain such conditions – conditions that contain unjust deaths that end result from one other celebration’s negligence.

The authorized system in Austin, Texas can proper the emotionally-charged fallacious of a wrongful dying. That’s why our staff at TK Harm Attorneys is dedicated to looking for justice for individuals who have died in what might have been an avoidable incident.

In Texas, the statute of limitations for wrongful dying claims runs out after two years from the date of dying. Subsequently, you’ll want to file a lawsuit inside this timeframe to obtain compensation.

The Steps You Must Take to File a Wrongful Dying Lawsuit

Making ready for a wrongful dying lawsuit is named pre-litigation. Throughout this section, a private consultant of the deceased completes numerous duties. The duties embody:

  1. Organising the property within the county courthouse the place the deceased lived.
  2. Investigating the information associated to the reason for dying via the assistance of a wrongful dying legal professional.
  3. Figuring out and informing the events chargeable for the reason for dying.

As soon as the above steps are accomplished, the legal professional could negotiate the declare and settle out of court docket or go forward and file the declare in court docket. If a lawsuit is filed, the method will start with a grievance, which can be filed on the courthouse. The named defendants are given this info.


The litigation section of the lawsuit consists of numerous duties, together with discovery, interrogations, and requests for paperwork. Throughout this section, pre-trial, trial, and/or arbitration is carried out. A settlement could also be reached at any time throughout this section, or the case could finish with a trial and jury verdict for an award.

Searching for Compensation in Wrongful Dying Lawsuits

The damages in a wrongful dying lawsuit characterize compensation for the fabric and immaterial losses {that a} sufferer’s household realizes whereas grieving the lack of a liked one.

After the conclusion of such a motion, the household could also be entitled to financial damages, non-economic damages, punitive damages, and/or survival motion damages.

Financial Damages

Financial damages depend as quantifiable losses that speedy members of the family should pay, and these embody the next:

  • Funeral and burial prices
  • Medical bills associated to a deadly illness or damage
  • Lack of pension or medical insurance coverage
  • Lack of inheritance
  • The value of providers the deceased could have offered to the household family, reminiscent of dwelling cleansing or upkeep

Financial damages are measurable.

How Financial Damages Are Figured

When figuring financial damages, wrongful dying legal professionals take into account:

  • The well being of the sufferer earlier than they died
  • Their incomes capability
  • The sufferer’s age

Non-Financial Damages

Non-economic damages characterize intangible losses and are harder to determine. They might embody:

  • Psychological misery or the ache and struggling the deceased’s family members have skilled
  • The lack of course, care, or recommendation to the household that in any other case would have been offered by the sufferer
  • The partner’s lack of consortium

Non-economic damages are subjective.

Punitive Damages

Punitive damages are supposed to punish a defendant for reckless or particularly egregious habits. Subsequently, in contrast to compensatory damages, punitive damages don’t cowl the cash a household spends after a liked one’s dying. They’re designed to punish the defendant or pay r reparations to the sufferer’s household.

Often known as exemplary damages, punitive damages are used for example – meant to make sure that others don’t make the identical kind of mistake.

Survival Motion Damages

In some wrongful dying lawsuits, the property of the household may sue for survival motion damages – private damage compensation {that a} deceased particular person might have requested if they’d survived.

Contact a Wrongful Dying Legal professional At this time

If in case you have misplaced a liked one due to somebody’s negligence, you must communicate to a wrongful dying legal professional now. In Austin, Texas, contact TK Harm Attorneys at (512) 900-4657 to arrange a free session.

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