After a wrongful death, the family members, or occasionally the estate of the deceased, can claim certain damages. A wrongful death attorney in Houston can give you more details that will be specific to your particular situation.
What Types of Damages Can Be Claimed in a Wrongful Death Case?
Losses Already Incurred
Medical Expenses
Whatever medical expenses the deceased incurred prior to their death can be included in wrongful death damages. This would include all emergency medical care, surgeries, whatever medications they required, and anything else related to the incident that led to their death. These must be proven with receipts and bills.
Lost Wages
If someone missed out on work during a period of illness or injury that eventually led to their death, their family may be able to claim lost wages. This is something different from loss of future wages, which we will cover below.
Pain and Suffering
Depending on the situation, the family may also be able to claim pain and suffering damages for what a loved one went through prior to their death. These are usually calculated by considering the amount of time that the person suffered as well as the extent of their injuries.
Funeral and Burial Expenses
Finally, the funeral and burial expenses the family incurred can be claimed as damages. These would include transport from the hospital to a funeral home, preparation of the body, a reasonable funeral service, and the cost of burial or cremation.
Estimated Future Losses and Intangibles
Future Wages
Some loved ones are permitted to seek redress for the loss of wages that the deceased would have earned in the future. Primarily spouses and dependent children can make this claim. The amount is usually calculated based on the deceased’s age and health, employment condition and employment prospects at the time of death, and the general economic situation.
Loss of Consortium
Loss of consortium specifically refers to the loss of family intimacy, usually between spouses, that occurs when one family member dies unexpectedly. The bereaved spouse may be able to claim damages for the loss of the physical and emotional intimacy they would normally have expected to enjoy over the remainder of their spouse’s lifetime.
Working With a Wrongful Death Attorney in Houston
It’s always a difficult time to lose a loved one, and thus it’s especially important to contact an attorney as soon as possible if a loved one’s death has been caused by another person’s negligence or by medical malpractice.
In the midst of bereavement, an attorney can be a godsend: taking on all of the paperwork and dealing with the red tape, negotiating with insurance companies, investigating the incident, and helping you to put together a wrongful death claim that fully takes into account everything that you’ve lost. Visit this page to learn more.
In Texas, only certain family members are permitted to bring a claim, so talking with an attorney right away will let you know whether you have a case and whether you are legally allowed to pursue it. Look for an attorney with specific practice in this area of law and with a good track record in the Houston area.
