You are currently viewing What Damages Can You Declare In a Wrongful Loss of life Lawsuit in Texas?

What Damages Can You Declare In a Wrongful Loss of life Lawsuit in Texas?


Wrongful Loss of life

Posted by Trent Kelly on January 18, 2023
What Damages Can You Claim In a Wrongful Death Lawsuit in Texas?

Our sense of equity is deeply felt when a cherished one is taken from us too quickly, and particularly when that loss is the results of another person’s carelessness. “Wrongful loss of life” lawsuits contain such conditions – conditions that contain unjust deaths that outcome from one other occasion’s negligence.

The authorized system in Austin, Texas can proper the emotionally-charged incorrect of a wrongful loss of life. That’s why our group at TK Damage Legal professionals is dedicated to looking for justice for individuals who have died in what might have been an avoidable incident.

In Texas, the statute of limitations for wrongful loss of life claims runs out after two years from the date of loss of life. Due to this fact, it’s essential to file a lawsuit inside this time-frame to obtain compensation.

The Steps You Must Take to File a Wrongful Loss of life Lawsuit

Making ready for a wrongful loss of life lawsuit is named pre-litigation. Throughout this section, a private consultant of the deceased completes varied duties. The duties embody:

  1. Organising the property within the county courthouse the place the deceased lived.
  2. Investigating the information associated to the reason for loss of life by the assistance of a wrongful loss of life legal professional.
  3. Figuring out and informing the events chargeable for the reason for loss of life.

As soon as the above steps are accomplished, the legal professional might negotiate the declare and settle out of courtroom or go forward and file the declare in courtroom. If a lawsuit is filed, the method will start with a grievance, which will probably be filed on the courthouse. The named defendants are given this data.


The litigation section of the lawsuit contains varied duties, together with discovery, interrogations, and requests for paperwork. Throughout this section, pre-trial, trial, and/or arbitration is carried out. A settlement could also be reached at any time throughout this section, or the case might finish with a trial and jury verdict for an award.

Searching for Compensation in Wrongful Loss of life Lawsuits

The damages in a wrongful loss of life lawsuit characterize compensation for the fabric and immaterial losses {that a} sufferer’s household realizes whereas grieving the lack of a cherished one.

After the conclusion of such a motion, the household could also be entitled to financial damages, non-economic damages, punitive damages, and/or survival motion damages.

Financial Damages

Financial damages depend as quantifiable losses that quick members of the family should pay, and these embody the next:

  • Funeral and burial prices
  • Medical bills associated to a deadly illness or damage
  • Lack of pension or medical insurance coverage
  • Lack of inheritance
  • The value of providers the deceased might have supplied to the household family, corresponding to residence cleansing or upkeep

Financial damages are measurable.

How Financial Damages Are Figured

When figuring financial damages, wrongful loss of life legal professionals contemplate:

  • The well being of the sufferer earlier than they died
  • Their incomes capability
  • The sufferer’s age

Non-Financial Damages

Non-economic damages characterize intangible losses and are tougher to determine. They could embody:

  • Psychological misery or the ache and struggling the deceased’s family members have skilled
  • The lack of path, care, or recommendation to the household that in any other case would have been supplied by the sufferer
  • The partner’s lack of consortium

Non-economic damages are subjective.

Punitive Damages

Punitive damages are supposed to punish a defendant for reckless or particularly egregious habits. Due to this fact, in contrast to compensatory damages, punitive damages don’t cowl the cash a household spends after a cherished one’s loss of life. They’re designed to punish the defendant or pay r reparations to the sufferer’s household.

Also referred to as exemplary damages, punitive damages are used for instance – meant to make sure that others don’t make the identical kind of mistake.

Survival Motion Damages

In some wrongful loss of life lawsuits, the property of the household might also sue for survival motion damages – private damage compensation {that a} deceased particular person might have requested if they’d survived.

Contact a Wrongful Loss of life Legal professional In the present day

If in case you have misplaced a cherished one due to somebody’s negligence, it’s best to converse to a wrongful loss of life legal professional now. In Austin, Texas, contact TK Damage Legal professionals at (512) 900-4657 to arrange a free session.


Leave a Reply