Losing a loved one unexpectedly is a personal tragedy. Grief can change someone’s outlook on the world and may irrevocably alter their personality. Families may have to make major adjustments to their lifestyles after the death of someone who provides financial support for the family or performs crucial caregiving tasks.
There are also the lasting economic consequences of a premature death to consider. Sometimes, surviving family members have the option of filing a wrongful death lawsuit. When the tragedy is the direct result of either negligence or misconduct, a lawsuit might be possible.
Surviving family members can hold either an individual or a business accountable for the circumstances that led to their loved one’s death. Filing a wrongful death lawsuit typically entails requesting a specific amount of compensation from the party at fault for the tragedy. What losses can families seek to recover in such lawsuits?
Lost wages
The income that the deceased family member may have earned could have made a major difference to the family’s overall standard of living. Without their earnings, even paying the mortgage might be a challenge. Surviving family members can potentially seek compensation for a lifetime of lost earning potential, including the benefits that their loved one may have provided for the family.
The loss of support and companionship
The deceased individual may have performed household functions ranging from changing the oil in family vehicles to planning the meals the family ate every week. Those services can be quite expensive when outsourced to professionals. Families can potentially ask for compensation for the loss of support that they must absorb after someone dies. In fact, they can also seek compensation for the loss of companionship and care they may have enjoyed if their loved ones survived.
Punitive or exemplary damages
Compensatory damages aren’t the only option for those filing a personal injury lawsuit. The courts can also potentially award exemplary damages. Also known as punitive damages in other states, exemplary damages are not a reflection of cost. Instead, they serve as a punishment for misconduct. Those pursuing exemplary damages have to prove that the situation meets a relatively strict standard. Specifically, they must show malice, fraud or gross negligence to qualify for exemplary damages.
Discussing a family tragedy with a skilled legal team and learning about Texas law can help families make the decision to file a wrongful death lawsuit. The compensation they secure can help to minimize the harm they’re experiencing and can also be an important consequence for the party at fault.