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Determining Damages
Wrongful death compensation can include:
The term “damages” carries a much different meaning in the legal realm. It does not mean damage like a car may suffer due to a broken windshield. Legally speaking, the term means is the monetary value of that broken windshield. Regarding a wrongful death lawsuit, there are two kinds of damages that the family of a deceased worker can pursue: wrongful death damages and survival damages. Wrongful death damages compensate the family for the suffering they have experienced due to their loved one’s tragic and untimely death. Survival damages allow the closest living relative to pursue damages the victim would have pursued had the injuries he or she suffered not proven to be fatal.
Wrongful death compensation can include:
Medical and funeral expenses as a result of the accident and fatality.
The loss of monetary support the deceased provided before his or her death.
The resulting mental and emotional trauma caused by the family member’s death.
The loss of consortium and unique familial love that only the deceased could provide.
Survival Damages
Compensation for survival damages include:
Medical expenses due to the construction accident.
The victim’s lost wages during the time period he or she would have been expected to have stayed in the hospital had he or she survived the accident, or wages the victim would have lost as a result of any long-term disabling injuries caused by the accident.
The deceased’s physical pain and suffering he or she experienced.
Hurdles to Obtaining Just Restitution in a Construction Wrongful Death Case
There are very few options a company not subscribing to workmans’ comp has in defending itself from a wrongful death lawsuit as a result of workers’ comp laws designed to punish these companies for not buying the insurance. Such a company basically has two ways to avoid compensating the families of deceased workers: proving Sole Proximate Cause or proving that the worker was a contractor and not an employee of the company.
Sole Proximate Cause
This is the only true legal defense a non-subscriber has, and it means that the worker was 100 percent responsible for his or her death. Since a non-subscriber basically has to use this defense, you can count on the trial becoming very disturbing. The reason is the company will try and ruin your loved one’s reputation by making him or her out to be routinely irresponsible and incompetent, to put it nicely. If the company can prove this in court, and that your loved one’s negligence was the cause of his or her death, they can get out of having to pay anything for the tragedy your family has experienced.
Even though the company didn’t see fit to pay for workers’ comp insurance, you can bet that company will spend whatever it takes to defend them from your lawsuit. That company will pay a lot of money to a defense attorney, and that attorney will drag your loved one’s memory through the mud. These defense lawyers are extremely well compensated for what they do, and they are very good at it. You need a lawyer working on your side with the experience and skill necessary to combat this tactic and defend your family member’s reputation.
The Employer/Employee Relationship
While this is not, legally speaking at least, a true defense option, a non-subscriber can still avoid compensating a bereaved family if it can prove that the deceased worker was not a “true employee,” but rather a contract employee. In Texas, contract employees are responsible for maintaining their own workplace safety. So it only follows logically from the company’s perspective that if the worker was not an actual employee, why should the company be expected to compensate the family for that worker’s death?
This is a rather flimsy, desperate effort to avoid liability, but it must still be respected. The law may not agree with the company’s perception of your deceased loved one, and may still regard the victim as an employee even if the company claims otherwise. The wrongful death attorneys with our office are very experienced in proving the existence of an employer-employee relationship. We know how to find contracts and pay stubs, and interview co-workers in order to prove one of the standards for proving that relationship listed below:
The employer withheld taxes or Social Security from your family member’s paycheck.
The employer provided the necessary tools your loved one used to perform his or her job.
The deceased worker followed a specific work schedule established by the employer.
The employer inspected, oversaw, or managed your family member’s work at regular intervals.
Your family member signed a form or otherwise did something that limited his or her rights, such as taking a drug test or signing a document stating he or she complied with the rules spelled out in an employee handbook.
The employer hired your loved one for an undetermined period of time, and not just for a single job.
Your family member was paid on an hourly or salary basis, and not job-by-job.
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Loss of Future Earnings
Attorney Discusses the Loss of Future Earnings After a Wrongful Death
If your loved one dies as a result of the negligence of another, do you know what kind of compensation you’re entitled to? If your spouse has tragically died because of an unfortunate accident, are you worried about providing for the future of your family? The experienced Texas wrongful death lawyers at our Law Office understand your worry during this difficult time and will seek to provide just compensation for your loved one’s loss of future earnings.
What Does Loss of Future Earnings Mean?
Loss of future earnings is the money that the spouse, children, or another financial dependent would have received had the provider not died. It is only one of the damages that can be sought in a wrongful death case. It can be a difficult value to compute to ensure that you receive just compensation for your loved one’s lost income. Courts can often interpret the loss of future earnings in a wide variety of ways, so having competent legal help on your side is of the utmost importance.
Problematic Issues in Calculating Loss of Future Earnings
Let’s suppose that your loved one was 30-years old at the time of their passing, and was then making $50,000 per year. With an estimated 35 more years of possible working potential at the same rate of pay, the base value of future lost income would be $1.75 million. Due to many variables, calculating the loss of future earnings is seldom this straightforward. For example, would your loved one have never gotten a raise? Surely that should be factored in as well. What about inflation?
Defendants at fault will seek to reduce their payouts by trying to base the final value on the fluctuations of the market during the victim’s possible working future. The competent attorneys at our Law Office can help the opposite occur by seeking to raise the base value of the suit based on former cases and testimonies of witnesses. Essentially, our attorneys help to prove that your loved one would have most likely received a promotion or a raise as part of their future earning potential.
Certain cases can be even more troubling. What if your loved one had been working at a restaurant as a waiter in order to pay for the medical school that they were also attending, and suffered a fatal accident before becoming a doctor? Should loss of future earnings be based on their hourly wage as a waiter or their future wages earned as a potential doctor? The attorneys at our Law Office know the intricacies of presenting such a case while keeping an eye on making sure you receive fair compensation for your loved one’s future, rightful, earning potential.
Wrongful death attorney
Losing a Loved One Doesn’t Have to Mean Loss of Future Earnings
Proving a fair amount of potential earnings on the behalf of the bereaved is typically a complex issue best left to capable attorneys. Our Law Office seeks to mitigate prolonged future pain as a result of possibly not receiving just compensation for your loved one’s loss of future earnings by seeking to show their most likely future earning potential.
With 20 years of experience in such cases, we are well prepared to prove your case and show the courts why you and your family are entitled to just compensation. Lessen your worry about the future of your family by contacting our wrongful death attorneys. We are here to help you in your time of need.
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Texas Wrongful Death Attorney on Fatal Accidents in Texas
When a person loses a loved one due to a tragic accident, that person loses an incredibly important part of his or her life and is left with a lot of unanswered questions. Who is to blame for this? How did the accident happen? Do I have grounds for a wrongful death lawsuit to hold those responsible for the accident accountable? Do I need a seasoned and skilled Texas wrongful death attorney?
The lawyers at our Law Office have been handling wrongful death litigation for two decades, so we are all too familiar with the feelings you are experiencing after the loss of someone close to you. If you want to pursue legal action, we want to make sure you are as well informed as possible regarding the legal options you have, and the hurdles you will have to surmount in order to succeed in your case and obtain the just restitution you have coming for the loss of your loved one.
The Purpose of a Wrongful Death Lawsuit in Texas
There are three main purposes for the initiation of any wrongful death lawsuit in Texas:
Making sure the negligent party or parties responsible for negligent actions or inaction that led to the death of an innocent person being held accountable.
Forcing negligent parties, through the use of monetary incentives, to change their behavior so more people do not suffer injury going forward.
Ensure that the loved ones of the victim obtain fair compensation so they are not subjected to monetary stress as well as the mental trauma they are already experiencing.
Of course, no amount of monetary compensation can come anywhere close to replacing your lost loved one. If the deceased family member was the main provider, however, your family is experiencing some major monetary problems because of your loss. The Texas wrongful death lawyers with our Law Office can help alleviate the monetary problems you are going through. Our lawyers are passionate about helping ease the financial burdens faced by families who are going through an incredible loss. We not only want to make sure those responsible for your tragedy are brought to justice and held accountable for their wrongdoing, but we also want to help you recover monetarily. By getting the just restitution you have coming to you, you can concentrate on recovering, both emotionally and physically, from the loss you have experienced.
The Compensation You Can Recover in a Wrongful Death Lawsuit in Texas
From a legal perspective, the term “damages” refers to financial compensation that the loved ones of a deceased family member can recover – not the actual harm that was experienced by the family member. In a comprehensive wrongful death civil suit, there are two kinds of damages that can be pursued: wrongful death and survival damages. Wrongful death damages are designed to provide compensation to a grieving family for the emotional and financial strain they have experienced since the death of their family member. Spouses, children, parents, and other dependents can all seek to obtain wrongful death compensation, and there can be multiple wrongful death damage claims in a single wrongful death lawsuit. Wrongful death damages that can be obtained include compensation for:
Medical bills the victim incurred prior to his or her death.
Funeral expenses.
The loss of financial support the victim provided prior to his or her death.
The emotional and mental trauma the family suffers due to the loss of the family member.
The loss of unique love and consortium only the deceased family member could provide.
On the other hand, survival damages are designed for only the closest living relative to obtain compensation commensurate to the value of a lawsuit the deceased could have filed had he or she survived the accident and had been injured. Basically, the deceased’s closest living relative serves as, more or less, a proxy for the victim, and inherits the personal injury lawsuit that the deceased would have been able to file. Anyone seeking survival damages can also pursue wrongful death damages. However, a victim’s brother or sister can only seek survival damages if he or she is the victim’s closest living relative. The right to pursue survival damages starts with the spouse, then goes to the children, parents, and then siblings. Again, only one family member can pursue a survival damages suit, but all family members can seek to obtain wrongful death damages. Survival damages include:
Medical bills the victim paid before death.
Damage to property wrongful death lawyer
Salary lost because of time the victim, had he or she survived the accident, would have spent in the hospital recovering from his or her injuries.
The loss of future earning capacity as a result of long-term disabling injuries.
Physical pain and suffering experienced by the victim.
Emotional and mental trauma suffered as a result of the accident.
Restitution for disfigurement.
Survival damages and wrongful death claims differ completely. They require completely different legal strategies in order to be successful. In addition, each plaintiff incurs a varying amount of damages, and therefore, each wrongful death damages claim has to be handled on an individual basis. Both of these forms of litigation – survival damages claims and wrongful death claims are very complex and intricate. That does not even take into consideration what you have to do to surmount the hurdles presented by the opposition’s defense lawyers. If you have no legal experience, you will have no chance at winning a lawsuit, because you don’t have the required familiarity with the procedures involved. We have dealt with wrongful death litigation for two decades, and we’ve seen – time after time – unrepresented plaintiffs see their case dismissed because of a legal technicality that unrepresented person had no idea existed.
Please do not let this happen to you. The Texas wrongful death lawyers with our Law Office can protect your rights and help you obtain the compensation you have coming to you. We have the seasoning and experience needed in order to ensure that all of the details associated with legal procedures are properly taken care of. We will cut off all the defense’s attempts at finding legal loopholes and make sure that those whose negligence resulted in your loved one’s death are held accountable. We do so not only to get you the compensation you deserve but also to make sure the negligent party changes its behavior so that no one else has to experience a similar kind of pain. That could be one way that at least a shred of something good might come out of the tragedy that robbed you of your loved one. We are not just interested in making money for our clients. We also want to help prevent accidents from happening down the road. This is a vital part of wrongful death law in Texas, and we are extremely passionate about it.
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Do You Have Grounds for a Wrongful Death Lawsuit?
There are many instances where wrongful death cases are anything but black and white. As a result, the family members of a lost loved one might not know if they have grounds for pursuing wrongful death litigation. It is imperative to remember that wrongful death lawsuits are civil cases. A defendant need not break a law in order to be the target of a suit. Think about a scenario where a driver who is speeding hits a man crossing the street and kills him. The driver committed standard negligence – a temporary lack of focus or reason – and thus will not face any criminal charges. The family members of the victim, however, can initiate a civil wrongful death lawsuit against that driver. This, in fact, will be the only way justice can be pursued since the driver will not face criminal action for his negligence.
In addition, a civil suit involving a wrongful death may be filed against the negligent party, even if that party is facing criminal charges because of the death that resulted from that party’s actions. If that driver in the scenario mentioned above was intoxicated when the accident occurred, he or she would probably be facing criminal charges such as intoxication manslaughter for causing the fatality. Family members of the victim can, even if the driver is convicted of criminal charges, still file a civil suit. In Texas, the law states that a wrongful death has to meet four criteria in order for the family members of the deceased to be able to file a wrongful death claim. These criteria include:
The inactions or actions of another party or parties resulted in the death of the victim.
The party or parties were guilty of committing some sort of negligence when the accident occurred.
The accident victim is survived by family members who are eligible by law to try and obtain wrongful death or survival damages.
The family members of the deceased have experienced some kind of measurable monetary damages because of the death of their loved one.
Recoverable Damages Amount Limits in a Wrongful Death Lawsuit, Plus the Required Standards of Proof Plaintiffs Must Meet
There are some cases where the ability of a plaintiff to recover damages via the means of a lawsuit may be constrained due to limitations. There are other cases where plaintiffs are required to satisfy a higher standard of proof than might be required in traditional wrongful death lawsuits. Legislators, for example, have been convinced by effective lobbying that medical expenses were going through the roof because of excessive legal action. As a result, new medical malpractice legislation was enacted that placed limitations on the amount of damages that could be recovered in a medical wrongful death lawsuit. They also raised the standard of proof that plaintiffs had to meet in medical malpractice cases. This legislation served its intended purpose in that it reduced the amount of frivolous lawsuits, but it also had the unintended and unfortunate effect of making it far tougher for victims of legitimate medical malpractice to obtain the just restitution they have coming to them.
To make matters worse, a significant portion of any settlement that is reached merely reverts to the doctor to pay for outstanding medical expenses. Therefore, there are many lawyers who will refuse to take lawsuits involving medical malpractice cases.
There are similar problems that can occur in workplace-related wrongful death lawsuits because of workers’ compensation insurance laws. Many people believe that workers’ compensation laws were enacted in order to assist injured employees in recovering from their injuries. However, this is not the truth. Workers’ comp laws were designed to protect employers against litigation. If the employer of your deceased loved one purchased or subscribed to workers’ compensation insurance, the monetary compensation you will be able to secure will be far less than the harm that has been done to you and your family. That does not mean, however, that you cannot seek fair restitution from other parties. The Texas wrongful death attorneys with our Law Office are very familiar with the process of identifying responsible third parties who do not enjoy the protection afforded by workers’ compensation laws. As a result, we can go after them in order to try and obtain the fair compensation you deserve in the form of wrongful death damages. For example, let’s say a faulty piece of machinery resulted in the death of your family member. If this is the case, you can file a wrongful death lawsuit against the equipment manufacturer. Also, if your family member’s employer committed gross negligence that led to the fatal accident, you can still try and obtain damages against that employer even if the company was a workers’ comp subscriber at the time of the accident. If this is the case, there are no limits to the amount of monetary compensation you may be able to obtain. The catch is that the standard of proof in this instance is exceedingly high to meet, so you need an experienced attorney on your side.
As was previously mentioned, lawsuits involving wrongful deaths are significantly more intricate and complex than they may seem at first sight. That is not even taking into account the very formidable opposition you will encounter. You have very little chance of winning your case without having a seasoned and skilled Texas wrongful death lawyer on your side. You are allowed by law to represent yourself in your lawsuit, but if you choose to do so you are almost guaranteed to be disappointed. The best way to handle the complex nature of this litigation and to have the best chance of winning is to make sure you enlist the assistance of an experienced attorney. The Texas wrongful death attorneys at our Law Office will help protect you and your family’s legal rights and make those responsible for causing your tragic loss pay dearly for their negligence.
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Hurdles to Winning Your Case
When a wrongful death claim is filed, you need to know you will be dealing with seasoned defense lawyers and extremely skilled insurance adjusters. A wrongful death claim can be much more expensive than a personal injury claim, and multiple wrongful death and survival damages claims can cause the value of your suit to increase exponentially. Because there can be so much money at risk, the defendants and their representatives will spend whatever it takes in order to avoid losing the suit. The defense will hire high-powered attorneys and will bring in experts who can re-create accidents in order to prove they were not responsible for the death of your loved one. Insurance companies will spend incredible sums of money as well in order to keep from having to pay a wrongful death claim, so they will use their most aggressive and experienced adjusters in these kinds of cases. They have specialists on hand 24/7 who work to prove a fatality victim was responsible for his or her own death through his or her own negligence. There are many instances where a defense team was able to mobilize and build a case against a victim before the victim’s family even found a lawyer – and that’s especially the case if the deceased was an employee of a big corporation.
As much pain and suffering as you and your family are experiencing, you simply must begin taking action and start building the foundation for your litigation. It is imperative that a timely and thorough investigation commences in order for you to have the best chance possible at succeeding in your wrongful death case. When an accident takes place, the scene of the accident begins to undergo almost immediate change. This is especially the case when the accident scene is a highway or a construction site. Weather conditions can erase evidence and machinery can be moved. Other pieces of evidence can also quickly disappear. Surveillance video can be taped over and witnesses can either change their story or decide they no longer want to be involved. The faster you procure legal assistance, the sooner your lawyer can start gathering evidence. Our Texas wrongful death attorneys will immediately launch a detailed investigation as soon as a client hires us. We examine and sequester any equipment or vehicles that are involved in an accident, search for photographic or video evidence, find and interview witnesses, scour police reports, and collect forensic evidence. Through 20 years of handling wrongful death litigation, we’ve recognized the vital importance of an immediate and thorough investigation.
How the Attorneys with Our Law Office Can Help You
For two decades, the Texas wrongful death lawyers with our Law Office have assisted the family members of victims to obtain survival and wrongful death damages for the devastating losses they have experienced. This is obviously one of the most difficult periods of time you will ever encounter, and you are going through a very tough grieving process. The filing of a lawsuit is probably not at the top of your mind at this time, but it is incredibly important that you act as soon as you possibly can. We are here to ensure that the process of litigation does not become overwhelming to you.
Our Texas wrongful death attorneys can deal with all the circumstances of your case and help you recover monetarily so that you can concentrate on healing emotionally from the trauma that has affected you and your family. Our law firm has helped hundreds of families of Texans who were wrongfully killed obtain millions and millions of dollars and we have defeated every major insurance carrier in the country. Insurance companies are well aware of our reputation for success, and so will typically offer fair settlements to our clients rather than taking the chance at losing much more money in a court case. This helps family members of wrongfully killed loved ones get to the process of healing from their emotional trauma without having to experience the added stress of legal action. If you are considering hiring legal representation, or simply are looking for answers to the myriad questions you probably have surrounding the circumstances of your case, please call us for a confidential and free consultation so we can tell you how we can help you get the compensation you deserve.
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