Texas Injury Law Blog : Dallas Accident Lawyer & Attorney : Fears Nachawati Law Firm : Personal Injury, Wrongful Death : Ft. Worth, San Antonio, Austin, Houston, Texas

Texas is among a limited number of states that allows for punitive damages in wrongful death cases. Punitive damages are essentially a means of punishing the defendant. In order to collect punitive damages in a Texas wrongful death case, the defendant’s behavior must have been either intentional, malicious or reckless.

Punitive damages are sometimes also referred to as exemplary damages. This is because punitive damages can serve as a way to warn others against engaging in reckless acts.

Factors that go into determining how much the plaintiff will receive in punitive damages include the defendant’s personal wealth, the nature of the defendant’s conduct and any statutory limits that have been placed on the amount of punitive damages that can be awarded. Punitive damages are awarded at the discretion of the jury.

Punitive damages are different from compensatory damages. Compensatory damages compensate the victim’s family for the specific losses they have suffered due to the victim’s death. These can include loss of companionship and loss of income.

Texas law outlines the specific circumstances under which punitive damages can be awarded. The two elements that must be present were laid out by the Texas Supreme Court in 1998. They are:

·         The defendant undertook actions which involved an extreme degree of risk in terms of the likelihood and extent of a serious injury that could be inflicted on another person.

·         The defendant must have had an actual, subjective awareness of the risk involved with their actions but knowingly proceeded with the actions anyway.

Fears | Nachawati represents individuals in bringing wrongful death lawsuits in Texas. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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The type and amount of damages awarded in Texas wrongful death lawsuits depends in large part on the plaintiff’s relationship to the deceased victim. For example, a spouse of a deceased victim receives different damages than the child of a deceased victim. Damages is the legal term for the compensation awarded when the plaintiff’s wrongful death lawsuit is successful.

While no price tag can ever be placed on the life of a loved one, a wrongful death lawsuit helps the deceased’s family by alleviating the financial losses that they will suffer without the deceased’s income. These are known as pecuniary damages. Some of the information the court considers in determining the amount to which the plaintiff is entitled includes:

·         The amount of money the deceased earned

·         To what extent the survivors were financially dependent upon the deceased

·         Medical expenses

·         Funeral expenses

Other factors that have to be considered are the non-monetary contributions the deceased made to the family that nonetheless saved the family money. For example, a parent who cared for the children saves the family money because they do not have to place the children in daycare. Housekeeping is another example.

In addition to pecuniary damages, family members can also receive compensation for their emotional suffering, such as loss of companionship, love, affection and moral support.

Fears | Nachawati represents plaintiffs in bringing Texas wrongful death lawsuits against the parties responsible for a loved one’s death. For a free consultation email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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A wrongful death lawsuit is a claim brought on behalf of a person who was killed due to the negligence of a third party. The idea behind a wrongful death lawsuit is that the surviving family members of the deceased are owed compensation by the responsible party for the loss of their loved one.

In order to bring a successful wrongful death lawsuit, four things must be shown:

1.      A person has died.

2.      The deceased died as a result of the defendant’s negligence.

3.      The deceased is survived by immediate family members, such as a spouse or children.

4.      The surviving family members have suffered a monetary loss as a result of the victim’s death.

In addition to spouses and children, other family members or dependents of the victim may be eligible to bring a wrongful death claim. A Texas wrongful death lawsuit attorney can advise you on the laws in our state.

All states, including Texas, provide for some type of wrongful death claim. At Fears | Nachawati, we provide legal representation to the family members of individuals who have been killed because of the negligent actions of another person.

We can provide you with a free consultation about your potential Texas wrongful death lawsuit. Simply email us at info@fnlawfirm.com or call us at 1.866.705.7584.

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