The True Cost of a Wrongful Death Lawsuit: Damages Beyond Medical Bills and Lost Wages
Losing a loved one due to someone else's negligence is a painful and often unimaginable experience. Apart from the emotional toll, the surviving family members often face significant financial and legal challenges. However, you may be able to file a wrongful death claim.
Wrongful death lawsuits offer a path to seek justice and compensation, but many people believe they only account for direct financial losses like medical bills and lost wages. The reality is that the costs extend far beyond immediate expenses.
If you’re considering pursuing a wrongful death claim, it's important to consult an experienced attorney. With over 38 years of experience in personal injury and civil litigation, Brett Reynolds & Associates, P.C., provides compassionate and personalized legal services for wrongful death claims in San Antonio and across South and Central Texas.
This blog takes an in-depth look at the true costs of wrongful death cases, highlighting the categories of damages you might fail to consider.
What Does a Wrongful Death Lawsuit Cover?
Wrongful death lawsuits are often associated with big-ticket expenses like hospital bills and the loss of income from the deceased. While these are significant components, a wrongful death claim often includes more considerable economic and non-economic factors.
Economic Damages
Economic damages are often easy to calculate and include the immediate costs and financial losses associated with the loss of a loved one. Specifically, these damages include:
Medical expenses: This includes the hospital bills and medical treatments that occurred before the death caused by negligence.
Lost wages: The income the victim would have earned over their lifetime is calculated based on their age, profession, and earning potential.
Funeral and burial costs: Funerals can be an unexpected financial burden, sometimes costing thousands of dollars. These expenses are often included in wrongful death claims.
Non-Economic Damages
Non-economic damages are less tangible but equally devastating and reflect the emotional and psychological toll of losing a family member. These damages can include:
Loss of companionship: The void left by a deceased spouse, parent, or child is significant. Texas law recognizes the value of companionship and love that families lose.
Pain and suffering: Surviving family members may seek compensation for the emotional distress caused by the untimely loss.
Loss of care and support: Children and dependents often lose the love, care, and emotional support they receive from the deceased.
Punitive Damages
Punitive damages are not awarded in every wrongful death case. However, they can apply in situations where the defendant's behavior was particularly negligent or harmful. These damages are intended to deter similar behavior in the future and punish the responsible party. Understanding the full scope of punitive damages is critical in assessing the value of your claim.
Wrongful Death Laws in Texas
Texas law has several laws that can significantly impact the outcome of your case. Under Texas law, only certain family members can legally file a wrongful death claim. These include:
The spouse of the deceased
The children (biological and legally adopted) of the deceased
The parents of the deceased
If none of these family members file a lawsuit within three months of the death, the executor of the deceased’s estate may file the claim unless immediate family members object.
Statute of Limitations
Texas imposes a two-year statute of limitations on wrongful death lawsuits. This means that the family must file their claim within two years of the date of death. There are very few exceptions to this rule, so prompt action is essential.
Damage Caps
Certain types of damages in wrongful death cases may be subject to caps under Texas law. For example, Texas limits non-economic damages in medical malpractice cases. However, for most wrongful death cases, there are no hard caps on damages, allowing families to pursue full compensation for their loss.
Burden of Proof
To succeed in a wrongful death case, the plaintiff must prove negligence or other wrongful acts by a preponderance of the evidence. This requires gathering detailed documentation, expert testimony, and other supporting evidence.
Hidden Financial and Emotional Costs
Beyond the legal expenses and direct damages, those who experience the death of a loved one due to someone else's negligence often face hidden costs. Some of the financial and emotional costs families might encounter include:
Emotional toll: Grief can take a heavy toll on a family, impacting their mental health and well-being. Therapy and counseling are essential parts of the healing journey, but they can be expensive.
Impact on children: Children who lose a parent often face long-term challenges, including emotional trauma, education disruptions, and a lack of future stability. Quantifying this impact is difficult but necessary to fully understand the extent of the loss.
Strain on relationships: The loss of a loved one can strain family relationships, especially when disagreements arise about legal or financial decisions related to the death. Mediation and legal guidance can help families address these challenges.
Financial instability: Even with a wrongful death settlement, families may face financial instability. Proper financial planning is necessary to make sure the compensation received lasts long enough to cover long-term needs.
Wrongful Death Firm Serving South and Central Texas
With over 38 years of legal experience, Attorney Brett Reynolds supports clients in personal injury and civil litigation cases, including those involving wrongful death claims, throughout South and Central Texas. At Brett Reynolds & Associates, P.C., every client receives legal counsel tailored to guide them through challenging times. If you or someone you know is considering filing a wrongful death claim, schedule a consultation today.
