A loved one can never be replaced. Unfortunately, many Texas family members are unexpectedly and quickly taken from their families in devastating accidents. When an accident takes the life of a loved one, a family can be left in the state of emotional turmoil. It can be difficult for families to even imagine moving forward without their loved one. However, life eventually must go on. This is where a wrongful death attorney can help.
When life does start to move forward from a devastating fatal accident, families can find themselves facing financial difficulties. These difficulties can be caused by the loss of income or services that the family member used to provide. For example, the accident victim may have been the family’s breadwinner. Without that person’s income, surviving family members may have a difficult time making ends meet. Or, the victim may have been a stay-at-home parent. In this case, there may now be increased child care costs and household responsibilities that go undone. In either case, it will take money and time to replace what the family has lost.
In order to try and recover these costs, the families of fatal accident victims can file a wrongful death suit. In Texas, if a negligent party was responsible for causing the fatal accident, that party is responsible for paying the costs associated with the accident. These can include the lost wages, medical expenses, funeral expenses and more related to the victim’s death. However, it can be difficult for family members to seek these damages on their own.
Damages in a Wrongful Death Suit
The damages sought in a wrongful death lawsuit are pecuniary in nature. These are damages to cover the actual financial losses suffered by the family. These losses include medical expenses for medical care that occurred before the person’s death, funeral expenses and lost wages.
Factors that can contribute to the amount mostly deal with the deceased party and can include age, earning capacity, life expectancy, intelligence and health and more. Some of these may take precedence over others depending on the circumstances of the deceased at the time of death.
These can also include the loss of inheritance, loss of parental guidance and loss of companionship. These are the main damages that are awarded in wrongful death cases.
Punitive damages, also known as exemplary damages, are only available in certain circumstances and are meant to punish the negligent party. They also help to deter others from acting negligently.
What Are Exemplary Damages?
Accidents occur every day in Texas. Some of these accidents are minor but others are life-threatening. When an accident takes the life of a loved one, Texas citizens may be on aware of their legal rights. Some may discover, that they have the right to bring a wrongful death lawsuit. In this lawsuit, families of victims can receive compensation from negligent parties. If the negligence of another causes the death of a loved one, you may have the right to compensation.
There are many types of compensation that families may seek following the death of a loved one. One type of damages are exemplary damages. Many families may wonder what exactly constitutes an exemplary damage.
Under section 41.001 of the Texas damages code, exemplary damages include a variety of different costs. Specifically, these are costs above and beyond actual economic losses — such as lost wages or medical expenses.
Instead, exemplary damages tend to be of an emotional nature. These damages can include punitive damages. Specifically, these non-economic damages mean things like the loss of enjoyment of life, mental pain and anguish, physical impairment, loss of companionship and society, loss of consortium and others.
Under Texas laws, families may be entitled to exemplary damages in the many situations. In particular, if gross negligence led to the fatal accident, the family may be entitled to exemplary damages. However, exemplary damages are only available if a jury was unanimous in finding liability against the defendant.
Families of fatal accident victims, need to understand their legal rights. While this blog post can provide some information, specific legal advice should be sought from an attorney. With the help of an attorney, people can understand whether not they are entitled to exemplary and other damages. While these damages cannot fully compensate people for their loss, it can help families avoid financial turmoil following the death of a loved one.
Limits on Exemplary Damages in Texas
Texas residents who are seeking damages in wrongful death suit may be trying to recover exemplary damages. Exemplary damages are damages for non-economic losses that occur as a result of another person’s negligence. These losses can include the loss of consortium, pain and suffering, loss of enjoyment of life, loss of companionship and society and more. These punitive damages are often important to families as they start a new life without their loved one.
However, in a wrongful death suit, exemplary damages are only available in certain situations. Under section 41.003 of the Texas damages code, exemplary damages can only be awarded if gross negligence caused the injuries. Additionally, the jury must unanimously award the damages and agree on the amount of such damages.
When exemplary damages are awarded they are limited in scope. Under section 41.008, exemplary damages cannot exceed the greater of $200,000 or two times the economic damages — such as lost wages or medical expenses — plus any noneconomic damages found by a jury not exceeding $750,000. Also, if the death was the result of certain criminal behavior, exemplary damages may also be limited.
It is important for families of people killed by the negligence of another to understand their legal rights. A wrongful death suit can be a complicated legal action requiring the specific help of an attorney. These actions cannot bring back the person that the family has lost. However, it can help these families seek the financial compensation they need to move forward from an unfortunate and devastating accident.
