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What Kind Of Damages Are Recoverable In Wrongful Death Cases?

What Are The Economic Damages That The Survivors Are Entitled To In A Wrongful Death Case?

There are a number of damages that survivors recover. These can be broken down into two categories:

Loss of the deceased’s estate:

Loss of the survivors

How Is The Amount Of Damages Determined?

Loss of income and inheritance can be calculated using past earnings history projected into the future. Loss of household services can be calculated using values published by the U.S. Bureau of Labor. Typically, economics and/or earnings expert is retained to prepare reports calculating these amounts.

Other losses like pain, mental anguish, loss of companionship, and society can be extremely difficult to calculate. Ultimately, a jury is asked to award an amount they believe fairly and reasonably compensates for the loss. This can vary greatly from jury to jury.

Are Punitive Damages Recoverable In Wrongful Death Action?

Punitive damages, sometimes called “exemplary” damages, are dollars awarded as an example to others and as a punishment for wrongful conduct. Punitive or exemplary damages are recoverable in Texas if it can be proven by clear and convincing evidence that the death was caused by a willful act or gross negligence.

Gross negligence is an act by the wrongdoer that

A classic example of gross negligence is drunk driving. Texting and driving may also rise to the level of gross negligence. In Texas, most awards of punitive damages are capped at an amount proportionate to the amounts given by the jury for the other losses.

How Are Damages Divided In A Case With Multiple Heirs?

If the case goes to trial, the jury awards separate amounts to each family member. Since most cases settle before trial, a “family agreement” is typically reached early in the case. This sets out the percentage of the settlement each family member receives.

If you need information about the Types Of Damages That Are Recoverable In Wrongful Death Cases, call the law office of Greg Jackson for a FREE Initial Consultation at (817) 926-1003 and get the information and legal answers you’re seeking.

Gregory Scott Jackson, Esq.

Get your questions answered - call me for your free phone consultation (817) 926-1003

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