What Compensation is Available for a Wrongful Death After a Truck Accident?
Accidents involving transport trucks are known to have much higher fatality rate than those involving passenger vehicles. When a truck accident causes someone to lose their life, their family may be able to file a wrongful death lawsuit against the liable party. In Texas, wrongful death is defined as a death caused by the negligent, careless, or wrongful act of another person.
If you have lost a loved one, our San Antonio truck accident lawyer understands that no amount of compensation can ever bring them back. However, the damages available in these cases can help offset the financial burden of the death. The compensation that may be available in your case is outlined below.
Economic Damages
Economic damages are the easiest type to prove because they include actual financial losses. This type of compensation is easy to quantify because these losses have a fixed dollar value. These damages include:
- Funeral and burial expenses
- Loss of income family members were dependent on
- The loss of income the deceased would have provided family members throughout their entire lifetime
- Loss of benefits the victim provided, such as military or health benefits
- Any inheritance surviving family members would have received
Non-Economic Damages
Non-economic damages are much harder to prove. These losses are intangible and do not have a concrete dollar value. Some of the most common types of non-economic damages in wrongful death claims are as follows:
- Emotional distress
- Mental anguish
- Loss of love and companionship
- Loss of consortium
It is critical to work with a San Antonio truck accident lawyer when filing a claim. A lawyer can provide many services, including accurately calculating non-economic damages, which is very challenging.
Punitive Damages
While economic and non-economic damages are meant to compensate loved ones for the losses they suffered as a result of the death of a loved one, punitive damages are not meant as compensation at all. Instead, these damages are meant to punish a defendant for behavior that was particularly appalling.
For example, truck drivers operate their vehicle while impaired more often than many people think. They believe using drugs or alcohol will help them stay awake while behind the wheel. If a truck driver was impaired at the time of the crash, this can be seen as incredibly reckless and dangerous behavior that shows total disregard for the safety of others. In these cases, punitive damages may be awarded.
Punitive damages are rarely awarded. Texas also places a cap on punitive damages. In most cases, the cap is either $200,000 or twice the amount of economic damages plus non-economic damages but not exceeding $750,000, whichever is greater.
Contact Our Truck Accident Lawyer in San Antonio Today
Due to the sheer weight and size of commercial trucks, fatalities are much more common when they are involved in a crash. At the Law Office of Israel Garcia, our San Antonio truck accident lawyer can advise on your case and help you and your family hold the appropriate parties accountable for their negligent actions. Call us now at 210-LAW-9999 or contact us online to schedule a free consultation and to learn more about how we can help with your case. There is no charge whatsoever unless and until we obtain a settlement or recovery for you.
Source:
statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.71&artSec=
