How Are Damages Calculated in a Wrongful Death Case?

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Individuals that have lost a loved one due to the negligent actions of another part may be entitled to financial compensation from the negligent party. Statute section 71.001 defines wrongful death in Texas as a death that is caused by the carelessness, default, neglect, or wrongful act of another person.

Spouses, children, and parents of individuals that have lost their lives under the conditions outlined by statute 71.001 are eligible to file wrongful death claims in Texas. Potential defendants can be persons, corporations, or government entities.

Brett Cain at the Cain Firm are experts at these types of legal matters and can be contacted at 817-573-4300.

Wrongful Death Compensation Types

Loved ones filing wrongful death claims can seek financial remedy for a variety of damages incurred. These damages, for the most part, are included under the categories of economic, non-economic, and punitive.

Economic Damages

Expected earnings of the deceased
Estimated inheritance from the deceased
Benefits of the deceased party, including medical coverage and pension plans
Goods and services that would have been provided by the deceased
All medical and funeral bills related to the demise of the deceased individual

Non-Economic Damages

Loss of care, training, nurturing or guidance
Mental suffering
Physical pain
Loss of love and companionship

Punitive Damages

Punitive damages are a way to punish the offending party while providing a deterrent to the future behavior of others that could cause a similar tragedy. These damages can be awarded by a court when a liable party is found to have acted with a high degree of recklessness or irresponsibility. The award amounts for punitive damages in wrongful death lawsuits can vary widely and is dependant upon the nature of the offense committed and the jurisdiction governing the matter.

Attorney Fees

The court may also allow for all or part of the fees paid to attorneys by an individual pursuing a wrongful death claim to be returned as part of awarded damages. This includes interest accrued from the moment attorney payments began.

To recover what you have lost you are going to need the help of an experienced car crash attorney.

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Factors That Influence Monetary Damage

The problems that exist when seeking to assign a monetary value to the life of a human being is obvious. However, this is necessary to determine proper compensation for individuals filing wrongful death suits.

A number of factors are used to calculate the monetary damages in a wrongful death suit. Among these factors are:

The earnings potential of the deceased
The age of the deceased at the time of death
Training and Education possessed by the deceased
The health of the deceased prior to death
Age and circumstances of the dependants of the deceased
Total value of lost benefits
Medical bills of the deceased
Funeral expenses

Contact Our Experienced Wrongful Death Lawyer

Wrongful death lawsuits are complex matters that should not be handled alone. Individuals that believe they have the right to a wrongful death claim should secure the services of a skilled attorney with intimate knowledge of the laws and statutes that govern proceedings in the state of Texas.

Brett Cain of Cain Firm is an attorney that can be trusted by individuals that have suffered the devastation of losing a loved one due to negligence on the part of another party.

If you or someone you know in Granbury have are in need of a wrongful death attorney due to the loss of a loved one, give Cain Firm a call at 817-573-4300. Brett Cain can also be contacted via this online contact form.

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We help victims of car and truck wrecks with integrity and perseverance.

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Recent Case Results

See what outcomes are possible with Cain Firm.

Negligent Driver Causes Serious Injury To Grandmother

Our client, a grandmother, suffered injury to her left upper arm and right gluteus maximus in an auto accident. Although she underwent surgery for her injuries, she had difficulty walking afterwards, and trouble sleeping at night. The other driver was found to be negligent and responsible for both the accident and injury to our client.

Unsafe Turn Lands Victim In Trauma Unit

A driver was cited after an auto accident for making an unsafe turn when he struck our client. Our client needed medical treatment in the trauma unit for both anterior chest wall pain over the clavicle, and pain in the right knee.

Negligent Truck Driver Held Responsible For Serious Injuries

The driver of an oil field 18-wheeler truck caused a collision in a Texas town by failing to yield the right-of-way at a stop sign, striking our client’s vehicle. The truck driver claimed that he was not negligent, but we were able to prove otherwise. Our client’s injuries included neck, arm, shoulder, and back pain, including two herniated disks at C5-6 and C6-7 that required surgery to repair.

Small Business Owner Hurt In Car Accident

The plaintiff, a small business owner, suffered injuries when her vehicle was struck by the defendant. The defendant was held accountable in this case.

Negligent Driver Struck Car And Injured Mother

Just outside of Cleburne, Texas, a negligent driver pulled out in front of a mother who had just picked her children up from school. Thankfully, the children were properly secured and not injured, but their mother was hurt, and she received medical care as a result of the accident.

Reckless Right Turn Injures Passenger In Other Car

While driving another person’s car, a driver made a reckless right turn at excessive speeds, striking a vehicle in which our client was the passenger. Law enforcement cited the driver for these violations. Our client suffered breast, hip, abdomen, and pelvic pain.

What Our Clients Say About Us...

Hear from some local people we've been able to help.

Choosing the right attorney was a very overwhelming process. I am so thankful for the Cain Firm. They have such a welcoming team approach and are always available to answer questions. Their knowledge and expertise is unsurpassed and I truly feel that I am always a priority when I call. Far exceeded my expectations.

Jacinda Lawton 3 years ago

Brett has helped me out on two different occasions, in both instances he was awesome, I was very pleased with the outcome, as well as the level of service his firm provided, if anybody I know needs an attorney Brett Cain is who I recommend. Brett is a honest Godly man with the highest integrity.

Ronnie Barks 8 years ago

Positive: Professionalism , Quality , Responsiveness Mr. Brett Cain and team have been absolutely fantastic. Brett has helped me on a couple different battles. Very honest, loyal, kind, respectful, responsible, I could go on and on. I’m very thankful the Lord had me cross paths with Brett Cain and the Cain Lawfirm. I would highly recommend the Cain Lawfirm! 5 stars all the way!!!!

Christopher Thomas 4 years ago

In my opinion Brett is by far the most honest, hardworking attorney around! Jennifer was wonderful and always checked up on me to see how I was doing. I was completely comfortable throughout the whole process. I truly believe I was treated fairly and with respect. I felt like part of the family, and would recommend them to anyone!

Evelyn Hines 6 years ago

The Cain law firm was a pleasant and comfortable experience. The staff are courteous informative and professional. One cannot help but feel secure and at ease with the feeling that your business is in the right hands. The word that comes to mind is trustworthy.

T.B. Blankenship 5 years ago

I've known Brett for many years and he has always been one step ahead of the crowd. A great lawyer that is relentless in his fight for his clients. I would trust Brett implicitly to handle the most complicated case involving one of my loved ones or family members.

Dean Gresham 6 years ago

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Why Do We Focus On Serious Injury Cases?

Our firm handles personal injury claims arising from serious accidents. We have mastered the laws in this arena, and we stand ready to protect your rights, prove fault, and collect maximum tax-free payment for your injury claims.

Frequently Asked Questions

What should I do after a Texas truck accident injury?

After a truck accident, it is important that you immediately seek medical attention, even if you do not think you are injured. Many injuries, such as whiplash, may not be immediately apparent. A medical professional will be able to diagnose and treat any injuries you may have sustained. You should also contact a truck accident lawyer as soon as possible. An experienced attorney will know how to investigate the accident and build a strong case on your behalf. They will also be able to negotiate with the trucking company and their insurance provider to get you the compensation you deserve.

What should I do if I’ve been injured, and my insurance company refuses to pay?

If you've been injured and your insurance company refuses to pay, it's important to act. Here are some steps you can take. Review your policy. Make sure you understand what your policy covers and what it doesn't. If you have questions, call your insurance company and ask for a explanation. Gather evidence. If you have any evidence of the accident or your injuries, make sure to collect it and keep it in a safe place. This can include things like photos, medical records, and eyewitness statements. Write a demand letter. Once you've gathered all the evidence you can, it's time to write a demand letter to your insurance company. In the letter, explain what happened and why you believe they should pay for your damages. Be sure to include all the evidence you've gathered. Negotiate with your insurance company. If your insurance company still refuses to pay after receiving your demand letter, you may need to negotiate with them. This can be done through a mediator or an attorney. File a lawsuit. If you've tried everything else and your insurance company still won't pay, you may need to file a lawsuit. This is usually a last resort, but it may be the only way to get the compensation you deserve. If you've been injured, don't give up. Keep fighting for the compensation you deserve.

What should I do if I was injured in a Texas slip and fall accident?

If you were injured in a Texas slip-and-fall accident, there are certain steps you should take to protect your rights and ensure you receive the compensation you deserve. First, seek medical attention for your injuries as soon as possible. This will not only ensure that you get the treatment you need, but it will also create a record of your injuries. Next, take photos of the scene of the accident and get the contact information of any witnesses. Then, contact an experienced personal injury attorney who can help you build a strong case and fight for the compensation you deserve.

What should I do if I was injured in a Texas Motorcycle Accident?

If you have been injured in a motorcycle accident in Texas, you may be wondering what your next steps should be. Here is a brief overview of what you should do if you find yourself in this situation. Seek medical attention. This should be your priority after a motorcycle accident. Even if you don't think you are seriously injured, it is always best to err on the side of caution and get checked out by a medical professional. Notify your insurance company. You will need to contact your insurance company as soon as possible after the accident and let them know what happened. They will likely need some information from you to process your claim. Gather evidence. If you are able, you should try to gather any evidence from the accident scene that could be helpful in later proceedings. This may include photos of the damage to your motorcycle, or the other vehicle involved, as well as any witness contact information. Speak to an attorney. An experienced motorcycle accident attorney can help you navigate the legal process and protect your rights. They can also help you pursue any compensation that you may be entitled to.

What steps should I take after a Texas car accident?

If you have been involved in a car accident in Texas, there are certain steps you should take to ensure that your rights are protected. First, you must seek medical attention as soon as possible. This will not only ensure that you receive the treatment you need, but it will also create a record of your injuries, which can be used as evidence in a personal injury claim. Next, you should try to obtain as much evidence as possible from the scene of the accident. This can include taking photographs of the damage to your vehicle and the other vehicles involved, as well as any skid marks or other debris that may be present. It is also important to get the contact information of any witnesses who saw the accident. Once you have taken these steps, you should contact a personal injury attorney to discuss your case. An experienced attorney will be able to advise you on how to proceed and will fight for the compensation you deserve.

How much is my case worth?

The amount of compensation available to you injury case depends on several factors. These include the severity of your injuries, the cost of your medical treatment, whether and for how long you were unable to work as a result of the incident, and whether the at-fault party’s actions that caused the incident and your resulting injuries support a claim for punitive damages. The availability of insurance coverage can also have a large impact on your ability to recover money from the responsible parties.

How much does it cost to retain an attorney?

We’ve never charged a fee up front, we’ve never required a retainer on personal injury matters because most working people cases they don’t have the funds to come up and hire a lawyer, and we have no idea what will be involved with your claim. The majority of our cases get resolved without a lawsuit however we’re prepared to proceed with the lawsuit if it’s necessary so under a contingency, we just take a percentage of your claim later we just a fire fee through our work and if we prevail for you will charge a fee at the end.

How do I deal with an insurance company?

Call your lawyer. You may give them information that may hurt your claim down the road we would be there to protect you from that. Seek legal counsel before you do.

When should I file my personal injury claim?

The statute of limitations in Texas generally requires you to file a personal injury lawsuit within 2 years of the date of the accident in which you were injured to file a lawsuit in the state’s civil court system.. For this reason, you must talk directly with an experienced Texas personal injury attorney as soon as possible after the incident. The sooner you speak with an attorney the better, even if you are not yet sure whether you intend to pursue a personal injury claim.

How do I know if I have a case?

Cain Firm offers a no-obligation, free case review of your case. While you’re certainly able to pursue a legal claim on your own, it can be a big mistake to do so. Hiring the right personal injury lawyer is one way to protect your right to a claim and allow you to focus on what’s important. Your injury lawyer plays many roles, including reconstructing the scene of the accident, gathering and reviewing evidence, finding expert witnesses, negotiating settlements, and representing you at trial.