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Calculating economic and noneconomic damages for wrongful death

On Behalf of | Jun 5, 2024 | Wrongful Death |

In Texas, family members can seek wrongful death damages when someone else’s actions cause a loved one’s demise. This compensation helps cover losses and provides financial stability after the tragedy.

In general, the damages are either economic or noneconomic damages that the claimants must prove.

Economic damages for wrongful death in Texas

Economic damages involve clear financial losses. For one, these cover medical and funeral expenses for the deceased. In Texas, traditional services average almost $9,000 but can go as high as over $16,000.

This compensation also includes the earnings the deceased would have made over their lifetime. Lost benefits like health insurance or pension plans are part of this, too. Services the deceased would have provided also count, such as home repairs or child care. Inheritance that would have passed to children or beneficiaries is another key aspect.

Noneconomic damages for wrongful death

Noneconomic damages cover emotional and personal losses. These damages compensate for the loss of love, comfort and companionship the deceased provided. The lack of consortium refers to the lost relationship between spouses.

Compensation also includes the loss of guidance, advice and emotional support the deceased would have given. Pain and suffering the deceased experienced before passing and by the family after the loss are also something the family can claim. These damages recognize the deep emotional impact left by the wrongful death.

When punitive damages are possible

Punitive damages aim to punish the wrongdoer. In Texas, courts can award punitive damages in wrongful death cases, but this is rare. They apply when the responsible party’s actions were reckless, malicious or fraudulent. The goal of punitive damages is to prevent similar behavior in the future. However, proving intentional or grossly negligent behavior is necessary.

Seeking wrongful death damages in Texas gives families financial support and emotional closure after a tragic loss. Understanding the types of damages available can help families navigate this difficult time and offer some measure of relief.