A workplace wrongful death lawsuit is an opportunity for grieving family members to hold someone accountable for the loss of a loved one in a fatal work-related incident. It is the chance to recover financial compensation, or damages, from the person or party at fault. Knowing what types of damages can be recovered with the help of a San Antonio wrongful death lawyer can help your family achieve a fair case outcome.
Lost Earnings
When a worker passes away, it can be financially devastating for surviving family members – especially if the deceased person or decedent was the main breadwinner. A wrongful death lawsuit in Texas can result in financial compensation for lost wages. This includes:
- Earnings already lost from the date of the worker’s death to the start of the claim
- Loss of future household income the decedent would have made had he or she survived
- Lost employment benefits, such as retirement funds
- Lost inheritance (what the decedent would have left behind had he or she lived to normal life expectancy)
Lost wages is also a type of benefit that can be awarded in a wrongful death workers’ compensation claim, if this is an option at your loved one’s place of employment. However, workers’ compensation will only pay about two-thirds of the value of a deceased worker’s lost wages.
Medical Expenses
Your family may be entitled to reimbursement for all hospital bills and medical treatment costs associated with your loved one’s fatal workplace injury or illness. This can include ambulance fees, emergency care, hospital stays and treatments received by the individual prior to the time of death.
Funeral and Burial Costs
A workplace wrongful death lawsuit in Texas can pay for the deceased person’s funeral, burial, cremation or memorial service. This type of damage award is typically capped at what the insurance company deems is “reasonable,” often $10,000 or less. Make sure to speak with a personal injury attorney in San Antonio first.
Loss of Consortium
Loss of consortium in a wrongful death claim in Texas refers to the loss of the deceased person’s company or companionship as suffered by close relatives, such as a surviving spouse or child. It can refer to losses such as parental guidance and advice, love and affection, society, companionship, assistance, comfort, care, and romantic intimacy.
Pain and Suffering
The person or party that is responsible for causing the death may be required to pay noneconomic damages in addition to economic damages as part of a wrongful death settlement or jury verdict. Also known as “pain and suffering,” this damage award can include grief, mourning and mental anguish suffered by surviving family members.
Exemplary Damages
All of the damages listed above are “compensatory” because they aim to compensate surviving family members for their losses. The other category of damages, awarded less often, are called exemplary damages in Texas.
Exemplary or punitive damages are designed to punish a defendant for committing especially negligent or wrongful acts in connection to a worker’s death. Texas law requires proof of “fraud, malice or gross negligence” for exemplary damages to be awarded in a workplace wrongful death lawsuit.
If you are curious about the types of damages your family can claim or the value of your case following the death of a loved one in a workplace tragedy, contact Hill Law Firm Accident & Injury Attorneys for a free, no-pressure wrongful death case review.