What Types of Compensation Are Available in Wrongful Death Lawsuits?

A death in the family can be a tragic event. Even if a death was expected, such as when a person had a terminal illness, family members may struggle to address their grief and move forward following their loss. However, a situation can become much more difficult if a person dies unexpectedly due to someone else’s actions. If another party was responsible for causing a person to be killed, this is known as a wrongful death, and the person’s surviving family members may have a legal recourse to address the harm they have suffered.

Why Family Members May Need to Take Legal Action After a Wrongful Death

There are a variety of situations where other parties may be responsible for causing a person’s death. Some of the most common fatal injuries occur in car accidents, and negligent drivers who act unsafely by violating traffic laws, texting while driving, or driving while intoxicated are often determined to be at fault for the deaths of other drivers, passengers, or pedestrians. 

Other parties may also be found to be responsible for fatal traffic accidents, including the manufacturers of defective vehicle parts, government agencies that failed to correct dangerous roads or intersections, or companies that employed commercial drivers who drove unsafely. When fatal injuries occur in other situations, at-fault parties may include property owners who failed to correct hazards or warn visitors about the risks of injuries, manufacturers of defective products such as tools or household appliances, or anyone else who failed to take the necessary steps to protect people from harm.

When someone dies, their family members may focus on the emotional trauma they are experiencing due to their loss. However, they may be affected in many other ways. The death of a person who was a family’s primary income earner can put their spouse, children, or other dependents in a difficult situation, and they may struggle financially. Without the income their loved one would have provided, they may not be able to cover daily needs such as food and transportation or ongoing expenses such as utilities, and they could even be at risk of foreclosure or eviction. Even if they can manage to make ends meet, family members may be faced with massive expenses related to their family member’s death, such as hospital bills or funeral expenses. Because of these issues, it is crucial for a family to determine their options for pursuing compensation that will address the losses they have suffered.

Damages Available to Family Members Following a Wrongful Death

Fortunately, families who have been affected by the death of a loved one due to someone else’s negligence have legal options. They may be able to file a wrongful death lawsuit against the person or parties who were responsible. By establishing that the defendant or defendants are liable for their loved one’s death, surviving family members can recover compensation for their financial losses and other ways they have been affected, which are known as “damages.”

Typically, a person’s immediate surviving family members will be able to receive compensation for damages they suffered due to a wrongful death. These family members may include the person’s spouse and children. Any other dependent family members, such as parents who relied on the person for financial support and assistance, may also be able to pursue compensation. The damages that can be recovered in a wrongful death lawsuit may include:

• Loss of income - If a family relied on the deceased person’s income to meet their ongoing needs, they may receive compensation for the wages or salary the person would have been expected to earn throughout the rest of their natural lifetime. This may be calculated by multiplying the person’s annual income by the number of years before they would have expected to retire, while also taking inflation and cost-of-living adjustments into account.
• Loss of benefits - In addition to the wages or salary the deceased person would have earned, other employment-related benefits they would have provided to family members may also need to be considered. These may include medical benefits they would have provided through an employer-sponsored health insurance plan, as well as retirement benefits or other benefits their family would have received.
• Loss of services - In many cases, parents or other family members provide services around their home that benefit their families. These may include repairs and home modifications, household tasks, childcare, and other forms of assistance to ensure that the daily needs of family members are met. A family may struggle to deal with the loss of these services, and they may be able to receive compensation for the value of the work the deceased person would have been expected to provide.
• Loss of companionship - On a more personal level, family members may suffer harm due to their inability to have an ongoing relationship with their loved one. A person’s spouse will no longer be able to receive love, emotional support, and affection from their partner. Children will no longer receive care, assistance with daily needs, demonstrations of love and support, and instruction from a parent who has died. A family should be compensated for these losses.
• Emotional trauma - The death of a loved one can have a devastating emotional impact on their family. A person’s spouse, children, or other family members may experience extreme grief and sorrow, and they may struggle to deal with mental health issues such as depression. Compensation recovered through a wrongful death lawsuit may help ensure that family members can receive psychological treatment and take any other necessary steps to address the emotional issues that have resulted from their loved one’s death.
• Medical expenses - Following a car accident or another situation involving serious injuries, a person may receive extensive treatment as medical professionals attempt to save their life. The costs of this treatment can be massive, and ambulance transportation, emergency room care, emergency surgery, hospitalization, and other interventions may lead to tens of thousands or even hundreds of thousands of dollars in medical bills. A family that is already struggling financially due to a loved one’s death may have no way to pay these expenses on their own. A wrongful death lawsuit may ensure that the person or parties responsible for the deceased person’s injuries will be required to pay all related medical expenses.
• Funeral and burial expenses - The costs of a memorial service and burial, cremation, or other steps necessary to dispose of a person’s remains can be significant. In some cases, a family may not have the resources to honor their loved one’s memory in the way that they believe is appropriate. A wrongful death lawsuit may ensure that these expenses will be fully covered.

Get Legal Help From a Wrongful Death Lawyer

Following the death of a person due to the negligence of a driver, product manufacturer, property owner, or other parties, a family can begin to heal by making sure they will have the financial resources they need to move forward with their lives. There is no amount of money that can bring back a person who has been killed, but a wrongful death lawsuit can help a family avoid financial difficulties while addressing the trauma they have experienced. A skilled McKinney, TX wrongful death attorney can provide assistance in these matters, ensuring that a family will be able to receive the compensation they deserve