Allen Wrongful Death Lawyer

How Does Fault Determine the Recoverable Damages?

In an accident that results in someone’s death, there may be more than one causal factor that contributed to that tragic outcome. So long as the decedent was not more than 50 percent responsible for their own death, a surviving relative may pursue a civil claim against other responsible parties. However, any damage award may be reduced by the percentage fault attributed to the decedent under Tex. Civ. Prac. & Rem. 33.001.

Recoverable Damages

While no amount of money can replace the loss of a close relation, there are damages that might be available in a wrongful death case to help with certain financial and emotional concerns, including compensation for:

• Lost wages or income resulting from the death of the relation
• Medical costs incurred prior to death
• Pain and suffering of the victim as a result of the injury that led to the death
• Non-economic damages for loss of consortium with a family member

In certain cases, punitive damages may be available under Tex. Civ. Prac. § Rem. § 71.009 if the conduct of the defendant is found to be willful or grossly negligent. A well-practiced Allen accidental death lawyer might be helpful in pursuing a possible damage claim based on the circumstances of the case.