A monetary award cannot make up for the immense emotional damage that losing a family member can cause you and your loved ones. However, demanding fair financial recovery from the person responsible for causing your loved one’s wrongful death could help protect your family’s short and long-term financial security.
Recovering financial damages in Houston wrongful death cases might require different elements—and what might be appropriate for one family dealing with such an incalculable loss might not suit another one at all. Therefore, guidance from a seasoned wrongful death lawyer can go a long way toward simplifying this process and giving you the best chance of getting a favorable result from your case.
The purpose of wrongful death litigation is to allow the surviving family members to recover the damages they will suffer because of their loved one’s untimely passing. In this context, an untimely death is caused by another person’s negligence. In some cases, you can recover for losses experienced by your deceased loved one between their accident and their death; however, you must demand these damages through a separate claim known as a survival action.
Both economic and non-economic losses—in other words, losses with objective financial values and subjective values—can be compensable through a successful wrongful death claim. Furthermore, it is possible to recover damages for immediately apparent losses, including the negative effects of your loved one’s premature death on you and your family.
Specific losses that often come up in negligent death claims in Houston include:
During a private meeting, a knowledgeable attorney could further clarify what damages might be recoverable in a negligent death case.
Since many of the damages the court factors into an unjust death claim are “non-economic,” their values can vary. For example, the value of the decedent’s lost future earnings will be more significant for someone who passed away young compared to someone who passed away close to retirement age: as it would be for someone who was a highly paid executive compared to someone who worked a minimum wage job.
Additionally, any fault your deceased family member held for causing their own fatal accident in Houston may be held against them as “comparative fault,” which in turn could limit your family’s compensation award. On the other hand, especially egregious negligence or intentionally malicious conduct by the defendant in a wrongful death case may compel the court to impose additional punitive damages against them and award that as extra compensation for you and your family.
Getting paid fairly for all available damages in Houston wrongful death cases can be a complex, evidence-intensive, and time-consuming process, especially if you try to pursue your claim without legal representation.
Fortunately, a seasoned legal professional’s support could make all the difference in your claim’s value and success in pursuing it. Call our capable attorneys at Roberts Markland LLP today to learn more and schedule a confidential consultation.