In our last post, our San Antonio wrongful death and survival action lawyers explained when those claims, as well as a bystander’s claim, might be available to you upon the death of a loved one. Here, we will discuss the compensation that may be available to you and the time limits on filing these claims.
Wrongful Death Cause of Action
Damages
If you are able to meet all of the legal elements necessary to make out a claim for the wrongful death of your loved one, then you may be entitled to monetary compensation for your loss. In legal terms, this compensation is called “damages,” and is meant to represent the monetary value of all the benefits you reasonably could have expected to receive from your loved one, had he not been killed. Your damages will be made up of a sum of money to compensate you for:
- Pecuniary loss, past and future – Pecuniary loss means monetary or economic loss, including your loved one’s lost earning capacity, and the value of the lost care, maintenance, support, advice, and counsel your loved one provided.
- Loss of companionship – Loss of companionship means the loss of the positive benefits flowing from the love, comfort and companionship of your loved one.
- Mental anguish, past and future – Mental anguish means the emotional pain, torment and suffering you experienced as a result of your loved one’s death.
A wrongful death claim is a right of action of the surviving spouse, child, and parents of the deceased, and damages reflect the harm inflicted upon these individuals. Accordingly, any damages recovered in a wrongful death lawsuit are not subject to the debts of the deceased.
Time Limit for Filing a Lawsuit
With certain limited and specific exceptions established by law, you must file your lawsuit alleging wrongful death within two years of the death of your loved one.
Survival Cause of Action
Damages
In a survival cause of action, if your loved one could have made a claim for personal injuries – pain and suffering, mental anguish, and medical expenses prior to his death – then that claim “survives” his death and you may stand in his shoes in a lawsuit to recover damages. Available damages in a survival action include compensation for:
- Your loved one’s pain and suffering;
- Your loved one’s mental anguish;
- Your loved one’s medical expenses; and
- Funeral and burial expenses.
Time Limit for Filing a Lawsuit
As with a wrongful death claim, you must file your survival action lawsuit not later than two years after the death of your loved one.
Contact Us
If you are contemplating filing a lawsuit, contact our San Antonio wrongful death and survival action lawyers for a free consultation. We can review the facts of your situation and lay out your legal options. Call us, at 210-801-9341, or use the form on this page to reach us by email.
