If a loved one has died, then you’re understandably going through a highly traumatic time. Seeking compensation may not be a priority for you right now, but it may be something you plan to do.
You might know you can be compensated for a wrongful death if it happened shortly after your loved one was injured. However, what if the injury that caused their death was old? Talking to a wrongful death attorney can help you find the answer.
Can You Be Compensated for a Wrongful Death If the Injuries That Caused It Were Old?
If your loved one passed away as a result of an old injury, but they were compensated for the injury at the time it occurred, then, unfortunately, you don’t have a wrongful death case on your hands.
You also don’t have a case if you knew about the injury more than two years prior to the death, even if your loved one wasn’t compensated for the injury previously.
If you didn’t know about the injury prior to your loved one’s death, then you have a case. You have two years from the time of their death to file a wrongful death claim.
Ask a Wrongful Death Attorney: 6 Things You Can Be Compensated for in a Wrongful Death Case
Medical Expenses
You can be compensated for any medical fees your loved one had to pay in the lead-up to their death if they suffered from related medical issues before passing away.
You can also be compensated for any medical expenses your loved one paid at the time of being injured for the first time.
It can be a little harder to be compensated for old medical expenses. However, if you still have the bills, or if you can go through years of bank statements to find how much you paid, then it is possible to win a sum that will reimburse you for this payment.
A wrongful death attorney in Houston, TX can help you figure out how to prove how much your loved one paid at the time of the injury.
Lost Income
It can also be hard to prove that your loved one missed work at the time of the injury if it happened several years ago.
However, if you can find a way to do so, then you may be compensated for the time your loved one had to take off after becoming injured.
You can also be compensated for the income they lost when taking time off work if they became ill before passing away.
Emotional Damages
You can win a substantial amount in emotional damages, also known as pain and suffering. Talk to your attorney so you two can come up with an amount you can claim in emotional damages.
A loved one’s death causes severe trauma that often never goes away. The sum will never make up for the loss of your loved one, but you should still aim to win as much as you can so you can pay for your mental health needs, a memorial for your loved one, or anything else you need.
Funeral Expenses
The party liable for the injury or illness that caused your loved one’s death must pay for their funeral expenses. Talk to your attorney about how much they believe you can reasonably expect to be paid out for this.
Highly extravagant funerals won’t be fully covered, but the payout should be able to cover the cost of a regular funeral event and burial or cremation.
Future Lost Income
If your loved one died before retiring, then you can be compensated for any income they would’ve earned throughout their lifetime had they not passed.
Generally, your attorney will look at how much your loved one was earning, and they’ll use this to determine how much they probably would‘ve earned between the time of their death and retirement.
They’ll take bonuses, pay rises, paid vacation, and more into account when they make this estimate.
Loss of Consortium
Loss of consortium, which is loss of companionship, can be paid out to spouses filing for compensation after their partner’s death.
The settlement is usually based on the severe trauma you suffered as a result of losing the person you were due to spend the rest of your life with.
Most of the time, the payment is to cover mental health treatment, time off work due to grief, and similar things. It also serves as an additional payment for your pain and suffering.
Nothing will ever make up for the loss of your loved one as a result of an injury, whether that injury was old or new.
However, it may bring you some comfort to know that there are some situations where you can still be compensated for a death that occurred as a result of an old injury.
