Collecting Damages in a Wrongful Death Case
A wrongful death describes situations in which a person is killed as the result of the negligent or reckless actions of another person or party. These unexpected deaths place a great deal of hardship on surviving family members. Often, the responsible party is charged with a crime. However, whether that person is charged (or found guilty) or not, family members still have a right to file their own civil lawsuit. Wrongful death cases are meant to compensate survivors of the descendent for the financial and emotional losses associated with the death of the loved one. There is a wide range of possible damages in wrongful death cases, and Arlington, TX attorney Roger “Rocky” Walton carefully examines the details of each case to ensure clients are compensated to the full extent of the law.
Wrongful Death Damages
There are many factors that can affect the types of damages that can be sought in a wrongful death case, as well as the amount of compensation that can be rewarded. Attorney Rocky Walton will go over these factors with clients to determine exactly what types of damages will be sought in each case. In general, these damages will fall under one or more of three categories: economic, non-economic, or punitive.
- Economic damages: Economic damages are meant to reward surviving family members for the financial losses that would have been avoided had their loved one not been killed. Examples of economic damages in a wrongful death case include medical expenses connected to the death, funeral expenses, a loss of benefits and retirement plans, and a loss of income.
- Non-economic: Non-economic damages are in place to compensate loved ones for the emotional hardships of a wrongful death. Although these losses are more difficult to quantify, the court takes them very seriously. Examples of non-economic damages include pain and suffering; and the loss of care, protection, and companionship.
- Punitive damages: Punitive damages serve as a punishment for the defendant. Punitive damages are not as common as economic and non-economic damages, but they may be rewarded when the actions of the defendant are considered particularly bad, as may be the case in situations involving physical assault or drunk driving.
Who Can Recover Losses?
A wrongful death case seeks to compensate loved ones who are directly impacted by the wrongful death of a family member. Most typically, a wrongful death case is filed by a surviving spouse or surviving children of the deceased. In some instances, other family members, such as parents, siblings, or stepchildren may be eligible to file a wrongful death case. Our team of wrongful death attorneys will examine the details of each case to determine if there are grounds for a wrongful death suit.
If a loved one has been taken from you by the reckless or negligent actions of another, you may be eligible to file a wrongful death case. Attorney Roger “Rocky” Walton has extensive experience in this field, and has helped countless clients collect just compensation for damages in these types of cases. To learn how Rocky Walton can help you, contact us at your earliest convenience.