The pain and suffering of losing a loved one in a fatal accident can be unimaginable. Amid the grief, one question that’s often asked by the grieving family members left behind is, “Could the accident have been avoided?” “If so, how can we pursue a lawsuit against the person responsible?” While a settlement does in no way repair the damage caused by the loss of a loved one, it is the right of the person responsible, under Texas law, to compensate the victim’s family. Austin, Texas, sees a lot of wrongful death cases. The people of Austin can take action against the at-fault party with the help of a lawyer, and they can obtain compensation for their losses.
According to estimates, in wrongful death cases, the victim’s family can expect to be compensated up to $100,000 or more in Austin, Texas, depending on the thoroughness and experience of the wrongful death lawyers in Austin, TX, they hire.
Since each wrongful death case is seen individually, the outcome in any given situation is different, making it difficult to determine the amount of compensation one can receive. However, licensed wrongful death attorneys can help increase the amount of compensation the victim’s family receives.
Wrongful Death Claims: Punitive Damages
It is important for the surviving members or loved ones of a wrongful death victim to know that punitive damages aren’t awarded unless the victim’s loved ones request them. In Austin, TX, punitive damage caps fall under exemplary damages, which are defined as damages that are awarded as punishment rather than for compensatory purposes. Punitive damages under Texas law should not exceed two times the economic damage amount, or an amount that’s equal to the non-economic damages limited to $750,000, whichever is greater.
Wrongful Death Claims: Economic Damages
Medical expenses related to the injury or illness that led to the death. Economic damages aren’t limited to funeral and burial expenses. Economic damages that can be claimed by the surviving family members in the case of wrongful death include the reasonable and necessary medical costs associated with the injury or illness that led to the victim’s death. It encompasses hospital bills, doctor’s fees, medication costs, and any other medical treatments.
Wrongful Death Claims: Non-Economic Damages
More often than not, wrongful death claims include damages that aren’t physical but rather emotional. This includes the pain and suffering experienced by the deceased before their death. Non-economic damages often include compensation for the physical and emotional pain and suffering endured by the deceased person before their death. This may be challenging to quantify, but it aims to address the victim’s experience during the time leading up to the fatal incident.
Non-economic damages also include ‘Loss of Consortium’, which refers to the deprivation of the benefits of a family relationship due to the wrongful death. It can include the loss of spousal companionship, intimacy, and the parental guidance that the deceased would have provided to children.
The amount of compensation in a wrongful death claim can vary based on numerous factors, including the case’s specific circumstances, the degree of fault of the parties involved, and the financial and emotional impact on the surviving family members. There isn’t a fixed amount, and it often depends on the details of the case, which is why you need the expertise of wrongful death lawyers in Austin, TX.
