Wrongful death claims allow families to seek compensation when a loved one dies due to someone else’s negligence or misconduct. In Texas, courts calculate the value of a wrongful death claim by evaluating both economic and non-economic factors. Understanding how these factors are assessed can help families navigate the legal process during a difficult time.
Economic damages in wrongful death claims
Economic damages are measurable financial losses resulting from the deceased person’s death. Courts examine factors like lost wages, benefits, and earning potential. They consider the deceased’s age, career trajectory, and expected work-life span. Additionally, families can recover expenses like medical bills incurred before death and funeral costs.
For example, if the deceased was the primary earner in a household, the court may calculate future income that the family will no longer receive. This projection ensures the family’s financial stability after the loss.
Non-economic damages and their impact
Non-economic damages address the emotional and psychological impact of losing a loved one. These damages include compensation for pain and suffering, loss of companionship, and emotional anguish. Courts recognize that no amount of money can fully replace a loved one, but these damages aim to acknowledge the emotional toll on surviving family members.
Courts consider the relationship between the deceased and the claimants, such as a spouse, child, or parent. For instance, a child who loses a parent may receive compensation for the loss of parental guidance and support.
The role of evidence in determining value
Courts rely on strong evidence to determine the value of a wrongful death claim. Families must present documentation like income records, medical bills, and testimonies from knowledgeable professionals. Expert witnesses, such as economists or psychologists, often provide insights into future financial losses or emotional suffering.
Families pursuing a wrongful death claim in Texas must understand how courts calculate damages. By presenting thorough evidence and working with experienced attorneys, families can seek fair compensation and hold responsible parties accountable.
