Damages in Seguin Wrongful Death Cases
If you lost a loved one unexpectedly due to someone else’s wrongful conduct, you might be wondering what types of damages are available to compensate for your losses. While no amount of money can eliminate the grief of such a tragic loss, it can help your family move forward by minimizing the financial burden of the death. Wrongful death actions can reimburse financial support and compensate for suffering due to the accident.
A seasoned wrongful death attorney can advise you of your options for financial compensation. Our office has represented clients across Texas in wrongful death suits; we are familiar with the legal and procedural requirements to a claim and can help you navigate the process during this difficult time. To learn more about your legal rights and remedies or the types of damages in Seguin wrongful death cases, contact our office to schedule a consultation.
Damages in a Wrongful Death Action
In Texas, certain family members and designated representatives can recover compensation for the wrongful death of a loved one. Damages in a wrongful death case can be divided into two categories:
Economic Damages
Economic damages include losses that compensate for the financial costs of the deceased and survivors. This can include:
- Loss of future earnings
- Funeral and burial expenses
- Survivor’s therapy
- Loss of inheritance
- Retirement contributions
- Employee benefits losses
Non-Economic Damages
Non-economic damages account for the mental, emotional, and relational costs of the death. This might include:
- Grief
- Mental anguish
- Emotional distress
- Pain and suffering
- Lost love, companionship, comfort, and society
If you are considering legal action after the unexpected death of a loved one, be sure to consult a wrongful death attorney in Seguin about the types of damages applicable to your claim.
Shared Fault in Wrongful Death Cases
In wrongful death claims, it is not uncommon for the liable party to assert contributory negligence as a defense. Texas, like many other states, applies a modified comparative negligence approach when multiple parties share fault for someone’s untimely death. This rule, known as the “51 percent bar,” means that the decedent can recover compensation so long as they are less than 51 percent responsible. If the court determines the person who passed was more than 51 percent liable, their family members are barred from seeking compensation.
In short, if the person who died is less than 51 percent responsible for the accident, their loved ones can still recover damages; the damage award will simply be reduced based on their percentage of fault. For example, if a person dies in a car accident and is found to be 30 percent liable, their family can recover 70 percent of their damages. Our lawyers are well-versed in the doctrine of contributory negligence and can help families in Seguin navigate this rule to recover damages after their loved one’s death.
Discuss Damages Available in Your Wrongful Death Claim With a Lawyer in Seguin
When a family member dies unexpectedly due to the wrongful conduct of another person or entity, you should not be left to cope with the financial consequences on your own. The cost of your loved one’s medical care and funeral expenses can quickly add up and can create a heavy financial burden during an already difficult time. When you hire an attorney from our firm to represent you, they can ensure you recover the damages you need to move forward.
Each state has strict time limitations regarding the filing of a wrongful death claim. In Texas, eligible family members or representatives have two years to file. Reach out to our office as soon as possible to discuss damages in Seguin wrongful death cases and file a claim. We will review the circumstances of your loved one’s death to build a strong case and advocate for justice on your behalf.
