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.