Damages in a Murphy Wrongful Death Case
When a loved one dies unexpectedly due to the preventable actions of a negligent party, the surviving family members have the right to file a claim for civil recourse. Damages in a Murphy wrongful death case can be significant depending on the circumstances surrounding the untimely passing.
If you lost a loved one due to the intentional or negligent conduct of another person, you should consider contacting a qualified lawyer in the area as soon as possible. While no amount of money can replace the life of your loved one, financial recourse could provide financial stability during this difficult time.
What Types of Damages Can Surviving Family Members Collect?
The recoverable damages in wrongful death cases in Murphy typically fall into two main categories: economic and non-economic. Economic damages compensate the family for financial, tangible losses they suffered as a result of their loved one’s passing. On the other hand, non-economic damages, or human losses, account for the intangible, personal losses associated with unexpectedly losing a loved one. These compensatory damages are often awarded to compensate a family for:
Lost Earning Capacity
If the deceased was the main source of income for the family, their projected earning capacity can be calculated by an expert and may account for raises and bonuses as well. This provides surviving family members with compensation for what the individual would have earned for the rest of their working life, less what the individual would have used for his or her own maintenance during the individual’s lifetime after considering income taxes. Because lost earnings capacity has specific rules for its’ calculation, it is important that the right experts are hired to calculate and defend the calculation of lost earnings capacity.
Emergency Medical Care
Depending on the accident, the loved one’s family members may have sought emergency medical services. Economic damages could compensate for the money spent in an attempt to save the individual’s life.
Funeral and Burial Costs
The amount of money spent to eulogize and bury the deceased family member also is counted when calculating wrongful death damages. Similar expenses require damage requests as well, such as memorial services and cremations.
If the deceased family member intended to issue inheritances to biological beneficiaries, the amount the person would have likely saved and distributed provides another damage amount.
Mental & Emotional Anguish
Non-economic damages include the mental and emotional anguish experienced by surviving family members following their loved one’s unexpected passing. This often includes lost companionship, care, and support the loved one would have provided.
Damage Caps in Murphy Wrongful Death Claims
Only medical malpractice cases in Texas involve damage caps, and concern non-economic compensation exclusively. Surviving individuals cannot request more than $250,000 from a healthcare practitioner or more than $500,000 from all involved facilities if their loved one unexpectedly passed away due to physician malpractice in Murphy. When negligence not involving medical care is the cause of death, there is not an artificial cap on damages. The jury is free to assess any amount of damages that is supported by the evidence when death occurs due to motor vehicle collisions, falls, or industrial catastrophes.
Who Can File a Wrongful Death Claim for Compensation?
Texas laws allow the surviving spouse, parents, and children of the deceased to file unjust passing claims. Siblings of the deceased cannot file, including biological, half-, step, and adopted siblings. If the appropriate parties do not file within three months, a personal representative of the deceased estate must. Should the representative fail to file the claim within two years of the loved one’s death, the case will likely get dismissed and the family will be unable to recover damages.
Contact a Murphy Attorney Today to Discuss Wrongful Death Damages
If your family is owed damages in a Murphy wrongful death case, contact a compassionate local attorney as soon as possible. You could receive substantial compensation that could provide your family with financial stability as you recover from the loss of your loved one.
Contact our law firm today to start the legal claim process. We are here to help you through every step during this trying time.