Damages in Waco Wrongful Death Cases
Few things are as distressing as losing someone you love because of another’s careless and negligent actions. Families are often left with a mountain of unexpected bills to deal with on top of their emotional pain. Further, when the decedent is the main breadwinner, families also have to figure out how to pay for utilities and other expenses. To remedy their losses, surviving relatives can file a wrongful death claim. By doing so, they can seek a variety of damages as compensation for what they have endured.
When another person or entity’s negligence causes the death of your loved one, you may be able to seek compensation through a wrongful death lawsuit. When determining damages, a legal team must consider many factors. A wrongful death attorney can assess your situation to determine whether you are eligible to file a successful claim as well as what kinds of compensation you would be able to receive. When you consult with our experienced team of legal professionals, we can assess potential damages in Waco wrongful death cases.
Types of Damages
Damages are a term referring to the remedy someone seeks in a lawsuit in order to make them whole. A person can pursue damages in different forms. Together, the different kinds of damages will form the total amount of compensation the person receives. There are three types of damages available in injury cases.
One common type is economic damages. Economic damages are tangible. There are typically receipts or monetary amounts documenting the costs of their losses. Some examples include medical bills, loss of income, and funeral expenses.
Another frequently seen type of damage is non-economic damages, which are subjective. This includes concepts like mental anguish, pain and suffering, and reduced quality of life. Establishing the financial cost of these damages can be challenging without the help of a professional.
The last type of damage is punitive damages, which are exemplary damages. They are meant to punish the defendant and deter future similar actions. They are usually at the court’s discretion. A court does not often apply punitive damages unless the defendant’s behavior is particularly egregious. It is best to consult with a Waco attorney who can gauge what kinds of damages you can successfully seek in a wrongful death claim.
Proving Damages
Collecting evidence is crucial to prove what caused the decedent’s cause of death and that it happened due to another’s negligent conduct. Evidence is also important to assist with the calculation of damages. Commonly seen evidence in wrongful death cases includes:
- Medical bills
- Medical records
- Autopsy report
- Documentation of the accident scene
- Eyewitness testimony
- Police reports
- Expert witness testimony
- Other financial expenses
Gathering evidence can be difficult. A skilled Waco attorney can help assemble evidence for your wrongful death lawsuit during this time of grief.
Who Is Eligible to File a Wrongful Death Claim?
Local laws limit wrongful death claims to certain people. Non-family members cannot file a wrongful death claim on behalf of someone who is not a relative, even if they were incredibly close. In addition, siblings (adoptive or biological) cannot file on behalf of their deceased brothers or sisters. Only the following categories of people have a right to file:
- Husband or wife
- Minor and adult children
- Legally adopted child or adoptive parents
- Biological parents
When three months have passed after the death, the executor of the decedent’s estate can also file a wrongful death claim if no other entitled person has done so. If a person falls into one of these categories, a Waco attorney can craft a strong wrongful death case to secure damages.
A Waco Attorney Can Help You Pursue Damages in a Wrongful Death Case
Proving that you deserve monetary compensation for your losses can be challenging. The amount of damages in Waco Wrongful death cases is affected by the facts. It is critical to have an attorney on your side who can make a solid argument to prove your suffering as a result of your relative’s wrongful death. When you require legal assistance, contact our law firm as soon as possible.
