McKinney Wrongful Death Damages

Damages in a wrongful-death case are laid out by statute. A plaintiff may recover for survival actions, which is the length of time, mental anguish, and pain a person who died went through from the time they were injured until their death. They can also collect compensation for any physical incapacity during that period.

A plaintiff could also recover for an expected inheritance, and they can also receive damages for the lost earnings capacity of the person who was killed. A seasoned wrongful death lawyer could walk a decedent’s surviving family members through the claims process. Call today to learn more about how an attorney could help with recovering McKinney wrongful death damages.

Calculating Damages in a McKinney Wrongful Death Case

Typically, calculating damages requires the assistance of economists. For instance, if the person killed is a high wage-earner, their lifestyle or governmental statistics can be used to determine what percentage of that income the person would typically use on their own upkeep and expenses, what is used to support various beneficiaries, and what is saved for what will ultimately be an inheritance. Usually, the family is the main consumer of the income, not the person who earns it.

In addition, when the negligence that caused the act is severe enough that it is considered gross negligence, such as drunk driving in a car wreck, exemplary damages may be available.  The higher the individual’s actual losses, typically, the greater the potential for significant exemplary damages in those cases where exemplary damages are available.

Who Can Recover Damages in Mckinney Wrongful Death Actions?

The class of beneficiaries who can file for McKinney wrongful death damages are the deceased’s parents, children, or spouse. In a unique twist in Texas law, the defendant in a case can force all of the plaintiffs to file in one action, but the plaintiffs get to choose where they file. It is critical to coordinate the action if there are multiple lawyers representing different family members to maximize the potential recovery to the entire class of wrongful death beneficiaries.

In addition, the survival action that is owned by the deceased person can be brought by an administrator or an executor of a will. Very often, that person is also a wrongful death beneficiary by the relationship with the decedent. Sometimes, someone who can bring a survival action may give the attorney additional opportunities to file in different courts. These are all issues that have to be considered when determining where to file a lawsuit.

A McKinney Attorney Could Help Recover Wrongful Death Damages

Wrongful death cases are rarely simple. Surviving family members, inheritances, and executors can all make for a complicated legal process. An experienced wrongful death lawyer could work through the legal complexities to recover the best possible damages for a decedent’s estate.

If a loved one has died as the result of another party’s death, you and your family could be eligible for compensation. Speak to an attorney today about McKinney wrongful death damages.

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Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
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Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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McKinney Wrongful Death Damages