Compensatory Damages Following Wrongful Death
Generally, the claimant in a personal injury claim would be the person who suffered harm as a proximate result of the defendant’s reckless or careless behavior. Therefore, the compensation they would seek through a settlement demand or lawsuit would stem from accident-related damages like medical bills and missed work income. Since the claimant in a wrongful death case is the surviving spouse, children, and/or parents of the decedent, recovery centers around the losses they experienced in the aftermath of, and sometimes immediately prior to, their loved one’s death.
This often includes economic damages which may include lost household income, loss of inheritance from the decedent, funeral and burial or cremation costs, and any of the decedent’s medical bills that the claim beneficiary paid out of pocket. Certain expenses for medical treatment like counseling and therapy may also be folded into a wrongful death settlement demand in Collin County. Non-economic demands may include loss of companionship, loss of consortium for a spouse, loss of guidance for a child, loss of assistance with household tasks, and other forms of mental and emotional distress.
If the personal representative of the Estate of the deceased wishes to recover compensation for damages a deceased individual personally suffered between their accident and their eventual death may do so through a separate claim called a survival action. A well-practiced attorney could explain in further detail how these types of cases work and help determine whether a wrongful death claim or survival action is better under the circumstances.