Wrongful death claims arise when a person is killed due to the negligence or direct harm of another party. The other party does not necessarily have to be a person; companies and agencies may be held liable for causing the death of another, as well. No matter the circumstances, wrongful death cases always have high stakes attached to them, both financially and emotionally, and can become quite complex, which is why it is in your best interest to hire an attorney if you are considering pursuing a wrongful death claim.
Proving the Elements
In a wrongful death case, each element of the tort must be proven. This may prove challenging, even when the facts of the case may make it seem as though the other party should be liable. The high value of human life necessitates a thorough fleshing out of the facts, as the damages awarded are likely to be high, as well. A wrongful death and personal injury attorney will vastly improve your chance of success.
Assessing the Damages
Damages awarded for wrongful death are meant to compensate the decedent and his or her family for many aspects of the loss. An experienced attorney knows how to assess the damages in your particular case. You may recover the costs of any care and treatment of the victim, the expected loss of income, or any property damaged caused during the accident. You may also recover for the mental anguish and loss of companionship, the loss of medical benefits and other services or care provided by the victim, the loss of support, the loss of prospective inheritance, and for any pain and suffering the victim may have experienced before their death.
Valuating the Damages
Determining these damages can be complex in some circumstances. The court will consider a wide variety of factors, such as the decedent’s age, character, life expectancy, earning capacity, and the circumstances of the decedent’s surviving family. You can imagine the difficulty posed by the task of assigning a value to the sum of all these factors. Your attorney will negotiate with the other party as well as convince the court that the damage award should be significant.
If you live in the San Antonio or Austin area and would like to speak with an attorney about a wrongful death claim, call the Carlson Law Firm at (888) 335-7492. We understand how painful and overwhelming an unexpected loss can be and we are here to offer our services in your time of need. Call us today to set up a free consultation.
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