{"id":994,"date":"2014-12-09T10:24:33","date_gmt":"2014-12-09T10:24:33","guid":{"rendered":"https:\/\/www.boutroslaw.com\/?page_id=994"},"modified":"2026-05-12T06:36:10","modified_gmt":"2026-05-12T06:36:10","slug":"the-process-of-determining-damages-in-wrongful-death-cases","status":"publish","type":"page","link":"https:\/\/www.boutroslaw.com\/?page_id=994","title":{"rendered":"The Process Of Determining Damages In Wrongful Death Cases"},"content":{"rendered":"

Interviewer: <\/b>How are damages actually determined in wrongful death cases?<\/p>\n

Stephen Boutros: <\/b>There are two aspects of a wrongful death case. The beneficiaries of wrongful death case are the parents, the spouse and the children. That\u2019s one aspect of it. The other aspect is what we call a survival claim and that would be the claim owned by a decedent, the person who died. The beneficiaries of that person\u2019s estate are entitled to compensation for the conscious pain and suffering that the decedent suffered before the death. So, you often see insurance companies and defense firms hiring experts to say that someone died very quickly and they had very little pain and suffering and they\u2019re so sorry that this person died but they didn\u2019t really suffer.<\/p>\n

Insurance Firms Often Hire Experts To Prove that the Decedent Did Not Suffer or Feel Pain<\/strong><\/p>\n

Of course those are just paid experts to say whatever the insurance companies and the defense firms pay them to say when the reality of it is that the evidence often shows that people went to extreme suffering through a drowning of their lungs filling with blood or a death from burning fire. You see insurance experts saying, \u201cNo. They inhaled smoke and they became unconscious and they didn\u2019t have any conscious pain and suffering or very little\u201d, when the truth is that the evidence often shows the opposite that that person burnt to death and they felt the pain of that.<\/p>\n

The Wrongful Death Beneficiaries Are Compensated for the Pain and Suffering Endured Due to the Loss of a Loved One<\/strong><\/p>\n

That\u2019s a separate aspect of a death case as the survival claim owned by the beneficiaries of the estate, based on the conscious pain and suffering of the decedent, as well as the funeral expenses and future lost wages and things of that nature. The wrongful death beneficiaries are being compensated for the pain and suffering that they have to endure because their loved one has been taken away. That\u2019s limited to parents of the decedent, spouse of the decedent and children of the decedent.<\/p>\n

Accidents at Workplace are Also a Major Cause of Wrongful Death Cases<\/strong><\/p>\n

Interviewer: <\/b>Have there been any sorts of wrongful death cases other than auto-accidents and drowning?<\/p>\n

\n
\n \n \"Stephen\n <\/a>\n <\/div> \n
\n

Stephen Boutros<\/b>\u00a0has dedicated over 27 years to advocating for the rights of victims. He focuses on aggressively seeking justice and ensuring that victims of personal injury receive the fullest possible compensation for their injuries and suffering.<\/p>\n

Call For Free Consultation\u00a0(713) 425-4300<\/a><\/strong><\/p>\n <\/div>\n <\/div>\n \n

Stephen Boutros: <\/b>We see wrongful deaths in Texas happening in work plants all over the state. It\u2019s rare that we don\u2019t see on the news that workers have been killed in explosions at plants usually because safety protocols haven\u2019t been followed. When you\u2019re working around the type of machinery that operates in power plants, just the slightest breach of the safety protocol can cause explosions or chemical releases that can kill the workers in the plant. These are usually people that are working very hard and long hours, just trying to support their families and their lives become endangered from someone higher up in the management level breaking a safety protocol or not properly supervising the workers.<\/p>\n

A Person May or May Not Recover From Emotional Impact of the Death of a Spouse<\/strong><\/p>\n

I deal with a lot of deaths in the personal injury industry and depending on where someone is in their life in the relationship to the person who died; it can be something that\u2019s impossible to recover from. When children have to bury their parents, they\u2019re burying their past and it\u2019s extremely painful but that relationship is usually based on the past. When a person has to bury their spouse, their husband or their wife, I think of it as they\u2019re burying their present, which is extremely painful to recover from. Maybe it\u2019s something emotionally and mentally you can, maybe it\u2019s something you can\u2019t. It depends on that particular relationship.<\/p>\n

Parents Seldom Recover From the Impact of Having to Bury Their Children<\/strong><\/p>\n

When parents have to bury their children, think of it as them burying their future. There\u2019s no recovering from that. There\u2019s never been a parent I\u2019ve represented in 18 years who\u2019s buried a child who recovered from the death of their child. Their future is gone. It\u2019s a pain that most of them live with daily for the rest of their lives and these people often fall into severe lifelong depressions that they can\u2019t recover from.<\/p>\n","protected":false},"excerpt":{"rendered":"

Interviewer: How are damages actually determined in wrongful death cases? Stephen Boutros: There are two aspects of a wrongful death case. The beneficiaries of wrongful\u2026 Read more →<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"ngg_post_thumbnail":0,"footnotes":""},"categories":[9,4],"class_list":["post-994","page","type-page","status-publish","hentry","category-done","category-stephen-boutros"],"yoast_head":"\nThe Process Of Determining Damages In Wrongful Death Cases<\/title>\n<meta name=\"description\" content=\"Learn how damages are calculated in wrongful death cases in Texas and what families may recover.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.boutroslaw.com\/the-process-of-determining-damages-in-wrongful-death-cases\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The 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