What Damages Are Available after an Accidental Death? Who May Recover Damages? How Are They Calculated?
When a loved one has died because of the wrongful act of another person, it’s simply impossible to go back to the way things were. Nothing can bring them back. That doesn’t mean, however, that you won’t have tangible losses, that you can’t hold the wrongdoers financially accountable to the devastation in your life. In the aftermath of an accidental or wrongful death, Bailey & Galyen can help you pursue full and fair compensation for all your losses.
What Is Wrongful Death in Texas?
Texas defines a “wrongful” death to include any injury that:
- Results in a living person’s death or causes the failure of a fetus to be born
- Which is caused by the defendant’s (person from whom you seek compensation) neglect, careless, lack of skill or other wrongful act
- Would have been the basis for a personal injury lawsuit, that the decedent survived
Though, as a practical matter, most wrongful death lawsuits are based on negligence, you can also seek compensation when another person intentionally causes the death of a loved one.
Who Can Recover Compensation in Texas after a Wrongful Death?
An accidental death can affect many people, including family, friends, co-workers and others. However, under Texas law, only certain individuals have legal “standing” to seek damages after a person’s wrongful death:
- A surviving spouse
- The decedent’s children
- The decedent’s parents
As a general rule, if none of the parties listed above file a wrongful death lawsuit within three months of the date of death, the executor or personal representative of the estate may file such a claim, unless all surviving family members affirmatively request that such a claim not be filed.
What Losses May Be Compensated after a Wrongful Death and How Are They Calculated?
Qualified family members may seek damages for:
- Loss of income or support the deceased would have provided—This is commonly calculated based on income information, such as pay stubs. The total amount will typically be based on time remaining until retirement and can assume periodic and reasonable increases in income.
- Any mental pain or suffering caused by the death—Because this type of loss is intangible, courts use a number of different approaches. Some will calculate actual, measured losses (such as income and medical expenses) and multiply that amount by a factor, generally between one and ten, to compute these damages. Others may ask the jury to identify a “reasonable” amount for mental and emotional loss.
- The loss of love, society, consortium, companionship and comfort, calculated in a manner similar to mental pain and suffering
- The value of household services the deceased would have provided, such as housekeeping, childcare, home maintenance and meal preparation, based on the fair market value of such services
- The value of lost savings or inheritance
Contact the Proven Texas Wrongful Death Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we protected the rights of individuals and families throughout the Lone Star State for more than 40 years, including people who have lost a loved one because of the carelessness or negligence of another person. We understand how the wrongful or accidental death of a beloved family member can affect virtually every aspect of your life. We bring extensive trial experience to every case we handle, but also know how to effectively negotiate a settlement that meets your needs. Contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
