While death is a part of life, no one expects to go before their time. You can make plans if a loved one’s death is expected. There’s time to make final arrangements and handle any outstanding debt. Things are different when an accident claims the life of a loved one. 

Now, family members are scrambling to get their loved one’s affairs in order. When negligence is the underlying cause of the fatality, you may be wondering about compensation. This is when you should contact a wrongful death lawyer in Houston. 

Before filing a wrongful death claim, you need to calculate your damages. But what damages can you claim and how do you calculate a settlement amount?

Proving a Wrongful Death Claim

Before you start calculating your damages from the loss of a loved one, you need to figure out if you have the elements of a wrongful death claim. What are these elements? You must prove the four elements of negligence, duty of care, breach of duty, causation, and damages.

1. Duty of care: This refers to the duty of care the defendant owes the deceased individual. If the fatality is the result of a vehicle accident, the at-fault driver owes other motorists a duty of care. This typically means following all traffic laws to help ensure their driving behavior isn’t putting others at risk.
2. Breach of duty: A breach of duty occurs when the defendant fails to fulfill their obligation. In this instance, the defendant has an obligation to behave in a manner that doesn’t cause harm to others. Using the vehicle accident again as an example, the at-fault driver breached their duty of care when they’re behavior caused the fatal car collision.
3. Causation: This element of negligence requires you to prove the defendant’s breach of duty is the direct cause of the accident and resulting fatality.
4. Damages: The fourth element of negligence refers to the damages sustained in the accident. In this instance, the death of your loved one.

If you can prove these four key elements, you probably have grounds to file a wrongful death claim in Texas.

Damages You May Be Able to Claim

Every wrongful death claim is different and this can affect the damages you can recover. In other words, you can just list damages from a website, each one must apply to your specific incident. With that being said, some damages often appear in wrongful death claims, and these can include:

• Funeral and burial expenses
• Medical treatment, including long-term care
• Loss of inheritance
• Loss of income

You may also be able to claim a loss of companionship, support, and care. Something else to note is the type of damages you can claim may also depend on your relationship with the deceased. Surviving children may claim different damages than a spouse.

Don’t Miss the Filing Deadline

Losing someone suddenly can leave you in a state of shock. Suddenly you’re planning a funeral instead of a vacation. Grieving is a process that takes time, and this is understandable. However, you don’t want to wait too long to file a wrongful death claim.

In Texas, you have two years from the date of the incident to file a wrongful death claim. There can be exceptions to the statute of limitations, but it’s still best to get started on the claim process as soon as possible. 

So, what are some of the possible exceptions to the filing deadline? Minors may be able to pause the statute of limitations until they turn 18. If you’re either physically or mentally unable to participate in the claim process, the statute of limitations may also be temporarily paused.

A quick note on this exemption: you must be the plaintiff filing the wrongful death claim to have the statute of limitations paused for physical or mental health reasons.

Calculating Damages in a Wrongful Death Claim

We all know you can’t place a price tag on the life of a loved one. However, you can calculate the damages the death is having on your life. Before you start totaling receipts from the funeral home and hospital, you need to consider a few variables.

These variables can affect the value of your wrongful death claim:

• The deceased’s age
• Education and work history. For example, has your loved one worked steadily throughout their life or have a sporadic employment history? Their education is factored in since it often affects income. Individuals with degrees often earn more than those with only a high school education.
• Health of the deceased. If the decedent wasn’t in the best health, this can lower the value of your claim. In other words, their failing health may have eventually limited their ability to earn an income.
• Funeral costs
• Medical expenses

If your loved one left a will outlining financial inheritance instructions, this may also be factored into the claim. This scenario can be especially true if the decedent’s resources went to paying off medical expenses relating to the accident. Your wrongful death claim may be able to recover some or all of these damages. 

However, remember every claim is different, so it’s best to talk to an attorney about your possible damages.

What to Expect from the Settlement Process

Wrongful death claims are sensitive—the claim is essentially placing a monetary value on the life of your loved one, and this can make negotiations with the at-fault individual’s insurance adjuster a little touchy. After all, no one wants to watch the life of a loved one undervalued. Unfortunately, this is also the insurance adjuster’s job. Their role in the insurance company is to help limit settlement amounts.

You should expect to go through several rounds of negotiations. Hopefully, you’ll reach a settlement with the insurance adjuster. If not, your wrongful death claim moves to civil court, where it then becomes a lawsuit. 

From there, a judge or jury will review your claim and issue a judgment based on its merit. Since Texas doesn’t have a cap on wrongful death claims, the amount you receive may be more than what’s listed in your damages.

Before filing a wrongful death claim and calculating potential damages, it’s best to consult with an experienced attorney.

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