While a wrongful death lawsuit falls under personal injury law, these types of cases differ from typical civil claims in several ways. Most of these differences are by necessity, since the party who would normally have grounds to file suit is deceased, but it is still important to be aware of them if you want to successfully pursue compensation on a loved one’s behalf. The best way to understand all the unique aspects of Collin County wrongful death cases is to speak about them in person with a qualified local lawyer.
Wrongful Death Damages Versus Survival Damages
Another unique aspect of wrongful death cases in Collin County has to do with the type of damages that may be recovered. Since the purpose of a wrongful death claim is for family members to recover for losses they experienced or will experience as a direct result of losing a loved one, recoverable damages revolve around loss of companionship, consortium, care and support, household services, and financial support through work income and/or inheritance. Funeral and burial expenses, as well as other financial losses taken on by surviving family members, may also be factored into a claim.
If a surviving family member wants to recover for the damages a deceased person suffered immediately prior to their death, such as hospital bills and physical pain and suffering, they must do so through a separate claim called a survival action. A qualified attorney could offer more information about this particular type of litigation if necessary.