LIMITED BENEFICIARIES
The Wrongful Death Statues only allow for three types of beneficiaries: the parents, the spouse and the children of the deceased. Other family members cannot recover wrongful death damages as a result of the death of their loved one. There are many examples where this can be a harsh limitation. For example a deceased child was being raised by her grandparents. The grandparents would not be allowed to make a wrongful death recovery for the death of their loved one.

AVAILABLE DAMAGES
There are four main areas of damages provided for in wrongful death claims.

1. The loss of companionship and society,
2. Pecuniary losses (loss of monetary support),
3. Mental anguish,
4. Loss of inheritance

THE VALUE FOR WRONGFUL DEATH DAMAGES
Some damages are more difficult for a Houston wrongful death attorney to prove because it is very difficult to put a value on emotional elements such as “love” and “companionship.” As the law requires, the value of each element of damage is determined by the facts of each case.

Loss of Companionship and Society - The value for loss of companionship and society of a loved one is as variable as the relationships between people. For example, if a divorced father spent little time with his daughter, she might have a hard time proving a significant loss of relationship in a wrongful death claim. Compare that to the loss a 10 year old has when she loses a father who is an active part of her day to day life. An experienced Houston wrongful death attorney understands that each case is different and depends on the details regarding how close the relationship was with the deceased.

Pecuniary Losses - Most elderly mothers do not support their adult children, thus those children probably would not have significant claims for pecuniary losses. On the other hand, an adult child who was being supported through college by his single, working mother might have a significant pecuniary loss claim in the event of her wrongful death. This element of damages looks to the amount and nature of the support the deceased was providing to his/her loved ones.

Mental Anguish - The value of the mental anguished suffered as the result of the wrongful death of a loved one is established by the emotional reaction of the person being affected. The impact of mental anguish changes over time. There is the immediate mental pain in learning of the death. There is the mental pain during the time it takes to come to terms with the death. Then there is the recurring mental pain that the loss brings over time. Like love, it is difficult to put a value on mental anguish.

Loss of Inheritance - This depends on an in depth economic analysis of the increasing wealth of the deceased and a projection of what the probable value of the deceased’s estate would have been had he lived a normal life expectancy. This claim does not occur as often as others and usually requires expert testimony to prove.

Contact Jim Hippard, Houston wrongful death attorney, for more detailed information, (713) 861 – 9966.