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In relation to a wrongful death lawsuit, non-economic damages means that family members may sue for a loss (or losses) that does not have a monetary amount attached to it. Examples of non-economic losses are loss of consortium, loss of counsel, and mental and emotional anguish. If the wrongful death case was founded on a medical malpractice case, the total capped amount of non-economic damages a plaintiff could receive under the law in Texas is $250,000 against any one defendant, and $750,000 total.
Yes, compensatory damages are different from punitive damages and are often called “actual damages.” As the phrase implies, compensatory damages are aimed at compensating a plaintiff/victim for a loss and the plaintiff must prove they sustained some form of loss due to the accident in question. The plaintiff/victim must also prove to the court that the defendant caused their financial losses.
Compensatory damages may be awarded for a variety of things, including:
Because your son died before you were able to file a personal injury lawsuit, you will not be able to file that lawsuit. However, you instead may be able to file a wrongful death lawsuit.
A wrongful death lawsuit compensates the survivors.
If your family member passed away as a result of injuries from a vehicle accident involving negligence, then a family representative or estate heirs may be able to launch a wrongful death lawsuit.
If your family member died as a result of other causes, then the estate representative can file a personal injury lawsuit on behalf of the victim.
Furthermore, if your son was conscious and experiencing pain or other complications prior to his death, pain and suffering compensation may be awarded due to the injuries that eventually resulted in his death.
Each case is different and discussing your situation with an experienced wrongful death lawyer is the first step.
In Texas, the law specifies the members of the family who may file a wrongful death lawsuit. If you are the parent of the deceased, the spouse or a surviving child (even an adult child), an adopted child(ren) you may file a wrongful death claim either as a group or individually. You may not file a wrongful death claim for siblings.
In a fatal car accident caused by a drunk driver, the at-fault driver would be charged with a crime, like a DUI or vehicular manslaughter. A legal case that can be brought against this driver is a criminal case. Such a case can only be brought by the government and the lawyer handling the case.
When prosecuting a criminal offense, there is a higher standard of proof required than in a civil case –say for instance a wrongful death case, as that would likely be the kind of case you may consider filing. A skilled wrongful death attorney can advise you on the process for a criminal lawsuit.
On the other hand, in a civil wrongful death case, anyone can file a lawsuit whose civil or private rights have been violated by another party. An example is a drunk driver causing a crash that kills someone where the drunk driver violated the right to safety for others on the road.
When a private party, such as a husband or wife, files a civil wrongful death lawsuit, they would be seeking compensation for the loss suffered and not asking for criminal sanctions, such as a jail term.
In some civil cases the judge may award a monetary penalty referred to as punitive damages against the at-fault individual. This is typically awarded because the defendant’s behavior was extremely reckless, egregious or malicious. Texas is one of few states that permits the awarding of punitive damage in a wrongful death lawsuit.
No. It does not matter if the victim ever held a job. He or she likely contributed to the family unit in some manner. An example would be a mother who remains at home to care for an ailing parent. They are contributing care, nurturing, guidance, love and support. A loss of such an individual and their contributions to a family are referred to as pecuniary losses.
No, you are not able to file a wrongful death lawsuit in Texas if you lost a sibling. The law does not allow a sibling to bring a wrongful death claim for the loss. Only parents, children and the spouse of the deceased can file a wrongful death claim in Texas.
If your husband was killed due to the negligence of an individual, corporation or a government entity, you may be legally entitled to compensation under the auspices of a wrongful death action. In order for an entity to be held responsible in a wrongful death lawsuit, the plaintiff has to prove that the defendant [entity] had a duty of care to the deceased.
The most common types of wrongful death cases may include:
Texas does have a settlement cap on how much a plaintiff may receive in damages as a result of medical negligence. This cap only applies in medical malpractice cases. Most claims do not have a cap on damages.
If you filed a lawsuit against a hospital or a physician, naming them as the responsible parties for a loved one’s death, there may be a limit on the amount of damages that can be awarded to you. In Texas non-economic damages will have a cap placed upon them. In addition, the number of defendants and claimants will have an effect the amount of damages awarded.
No, Texas law does not permit siblings to bring wrongful death lawsuits for the loss of a brother or sister.