The loss of a close family member can serve as the basis for a wrongful death action. These lawsuits are designed to provide you with monetary payments to compensate you for your financial and emotional losses.
There are different types of damages in New Braunfels wrongful death cases, including economic, non-economic, and punitive damages. You could be entitled to compensation based on the mental toll the loss carries. A dedicated negligent passing attorney can also assist with recovering any out-of-pocket costs.
Economic losses are the objective, easy-to-measure losses in a wrongful death action. They represent the financial losses sustained by the deceased or their surviving relatives.
The most common examples are funeral and burial costs. When a person passes away due to an act of negligence, any family member who relied on them financially could have a claim for lost future earnings or inheritance. It is also possible to pursue damages based on the decedent’s final medical expenses before their death.
Surviving family members can find themselves in a tough financial position after the death of a supportive relative. A New Braunfels family could have a wrongful death damages claim based on lost employee benefits or retirement savings. These damages are economic in nature, and it is possible to establish what the claim is worth using documentary evidence like bills, invoices, and receipts.
Non-economic losses in a New Braunfels wrongful death case are not as straightforward. They cover the mental and emotional consequences that come with an unexpected death in the family. Financial compensation may be available for the grief sustained by surviving relatives following their loss.
There may also be damages based on the loss of emotional support. This includes the comfort, love, and companionship that surviving relatives will have to live without. An attorney could explain how a settlement is calculated in these cases.
Finally, a family has the chance to recover non-economic losses on behalf of the decedent. Specifically, they can pursue a claim for the pain and suffering caused by the fatal injury.
The process of establishing the value of these claims is different. No receipts or invoices spell out exactly how much is owed because of their subjective nature. An attorney can calculate and show a jury what a claim is worth.
Unlike the other categories, punitive damages are not designed to compensate surviving relatives for their loss. They are intended to penalize a person for their egregious behavior.
Most juries will not award punitive damages, and in certain cases, they are not available at all. A court could issue a punitive award in situations where intentional acts or omissions led to another person’s death. The important question is whether the defendant acted with gross negligence.
If you are dealing with an unexpected loss, you should not have to navigate the legal system on your own. The right attorney can answer your questions about damages in New Braunfels wrongful death cases. Reach out as soon as possible for a private consultation.