One of the most painful feelings after losing a family member is knowing their death was avoidable if not for the actions of someone else. Actions that have caused you and your relatives more pain than this person would ever know.
State law provides you the opportunity to bring a wrongful death lawsuit and ask for damages. Damages in Leander wrongful death cases cannot bring your family member back, but they can help with expenses and punish the negligent person or company for their actions.
For a deceased person’s estate to receive damages on their behalf, the estate has to meet a burden of proof. A skillful wrongful death attorney can help families meet this burden by providing diligent and effective legal services.
Relatives deserve compensation when their loved one’s passing was the result of wrongful conduct. It is crucial to understand the types of damages that can be awarded in Leander wrongful death cases:
These come in the form of specific money paid to families by the negligent person themselves or their insurance company. This includes payments for burial costs, hospital bills, and a loss of anticipated funds that would have been provided to the beneficiaries by the decedent.
These come in the form of a lump sum and are not usually divided into categories based on a specified amount. They can be for the pain experienced from losing a companion, the hurt the decedent went through before their passing, the benefit one would have had from the family relationship, and mental or emotional agony.
The state refers to these as exemplary damages. They are not granted in most cases, but they can be available. These punish the negligent company or individual for their actions.
A compassionate attorney can explain the damage process in more detail to families.
Determining damage amounts in wrongful death lawsuits in Leander is subject to long and complicated calculations. They involve many experts and analysis of large amounts of data.
For example, to calculate a person’s anticipated future earnings, an expert will review the decedent’s job history and average income to give testimony regarding how much they believe the person would have earned during the span of their lifetime. This can be difficult because it is hard to determine how long a person would have lived—especially when they pass at a young age.
Calculating damages becomes tricky when it comes to the loss of companionship. Testimony and other evidence will explain the impact the person had on the daily lives of their loved ones—as well as all the expenses the person took care of for their family while alive.
In many cases, the total damage award amount will be determined in settlement negotiations. There are suits where families could receive millions of dollars. When a case goes to trial, the jury will determine the exact amount—and type—of damages that should be awarded in the wrongful death lawsuit. Our lawyers are expert negotiators who can help families receive fair and just compensation.
Texas is a proportional responsibility state. As it concerns wrongful death cases, the estate has to prove the negligent person or company was at least 51 percent or more responsible for the death per Texas Civil Practice and Remedies Code § 33.001.
A knowledgeable Leander wrongful death attorney can help families meet this burden and secure the compensation they need.
We will work with you to prepare your case so that you can receive compensation. With the help of our friendly legal team, you can receive a restitution package from the negligent people involved in your loved one’s untimely death. Contact us to learn more about damages in Leander wrongful death cases.