What Is the Average Wrongful Death Settlement Amount in Texas?
Losing a loved one due to someone else’s negligence is a heartbreaking experience. In addition to the emotional toll, you may also be dealing with significant financial burdens, such as funeral costs, medical bills, and the loss of income. A wrongful death lawsuit offers families a way to seek compensation for these losses, providing some relief during an incredibly difficult time.
You might wonder what kind of settlement is possible in a wrongful death case in Texas. Unfortunately, there’s no simple answer. The amount of compensation can vary significantly depending on the specific details of your case. Factors like the accident's severity, the deceased’s age, and the defendant’s insurance coverage all play a role in determining the final settlement amount.
What Financial Recovery Is Possible in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, compensation is generally divided into two categories: economic damages and non-economic damages.
- Economic Damages: These damages aim to compensate for the financial losses resulting from your loved one’s death. Common examples include:
- Lost earning capacity and wages: If the deceased was a primary provider, their family can seek compensation for the wages and income they would have earned throughout their lifetime.
- Medical bills: The claim can include any medical expenses related to the accident, including hospital stays and treatments before death.
- Funeral and burial expenses: Families can recover the costs associated with funeral services, burial, or cremation.
- Lost services: This can include the value of services the deceased provided, such as childcare, household maintenance, and other contributions that have a monetary value.
- Non-Economic Damages: These damages are more subjective and address the emotional and psychological impact of losing a loved one. They may include:
- Pain and suffering: Compensation for the emotional distress caused by your loved one’s death.
- Loss of companionship: Damages for the loss of emotional support, love, and friendship that the deceased provided.
- Loss of parental guidance: In cases where children are left behind, compensation may be awarded for the loss of guidance and nurturing the deceased would have provided.
In some instances, families may also be entitled to exemplary damages (punitive damages). These are less common but can be awarded if the defendant’s behavior was reckless or intentional. These damages are designed to punish the defendant and deter similar conduct in the future.
Factors That Influence a Wrongful Death Settlement
- Severity of Negligence: If the defendant’s actions were particularly egregious, it could lead to a higher settlement. For example, cases involving drunk driving or extreme carelessness often result in more substantial compensation. When intentional harm or malicious intent is involved, the payouts tend to be higher than in cases based solely on negligence.
- Insurance Coverage: The amount of available insurance is often a limiting factor in wrongful death settlements. If the defendant has insufficient insurance, it may be harder to recover the total damages you are entitled to.
- Victim’s Age and Earning Potential: The deceased’s age and future earning potential can significantly impact the settlement. Younger victims with many working years ahead may result in larger settlements because of the substantial loss of income and support to their families.
- Family Circumstances: The number of dependents the deceased left behind, the ages of children, and other family circumstances may also affect the settlement amount.
Avoid Relying on Wrongful Death Settlement Calculators
While it might be tempting to use an online wrongful death settlement calculator, these tools can’t accurately reflect the complexities of your case. Settlement calculators often fail to consider important factors like the degree of the defendant’s negligence, the emotional impact on surviving family members, and any unique case circumstances.
Instead of relying on these calculators, consulting with a Texas wrongful death attorney will give you a more realistic understanding of what you might recover. An attorney can assess the specific facts of your case and help determine an appropriate settlement value based on experience and legal strategies.
Who Can File a Wrongful Death Lawsuit in Texas?
In Texas, certain immediate family members are eligible to file a wrongful death lawsuit. This includes:
- The deceased person’s spouse
- Their children (including adopted children)
- Their parents
If none of these family members file a claim within three months of the death, the executor or administrator of the deceased’s estate may pursue the lawsuit on behalf of the family.
Not all family members can file a wrongful death claim. Excluded parties may include long-term partners, stepchildren, biological parents who no longer have parental rights, and adopted children of a biological parent who was the victim. Additionally, fathers of unborn children must prove paternity to file a claim.
How Is a Wrongful Death Settlement Divided?
Often, a victim’s last will and testament dictate how a wrongful death settlement is divided among beneficiaries. However, if the victim did not have a will, the settlement may go through probate court, where the distribution will be determined.
An attorney can assist surviving family members in these situations, ensuring a fair division based on the specific losses each party has suffered. For instance, a court may appoint a guardian ad litem to protect their interests in cases involving minor children. The guardian ad litem may argue for a larger portion of the settlement to be awarded to the minors, as they have lost both the financial and emotional support of their parent.
The Importance of Acting Quickly in Wrongful Death Cases
In Texas, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death. Although this may seem like ample time, contacting a wrongful death lawyer as soon as possible is essential. Delaying action can result in the loss of crucial evidence, making it more challenging to build a strong case.
Additionally, insurance companies often move quickly to protect their interests, which means they may try to settle the claim for much less than it’s worth. Not engaging directly with insurance adjusters is important, as they are trained to minimize payouts. Instead, allow your attorney to handle all communication to protect your rights and maximize your compensation.
What Are Some Examples of Successful Wrongful Death Settlements?
At Francis Injury, we have a proven history of positive outcomes and helping families secure compensation after losing a loved one. Some of our recent successes include:
- $2,250,000 Settlement: We represented the family of a young man who lost his life in a tanker truck explosion. We negotiated a settlement from the site operator and the trucking company to ensure his family received the financial support they needed.
- $600,000 Settlement: A police officer tragically struck a good Samaritan who was assisting at a car accident scene. We represented the family in a claim against the city and the motorist’s insurance company, securing the maximum settlement allowed under municipal claim limits.
You can read about more of our results here.
Contact Our Texas Wrongful Death Attorneys Today
Losing a loved one due to someone else’s negligence is devastating, and pursuing a wrongful death claim can feel overwhelming. At Francis Injury, we understand the emotional toll and are here to be your advocate. Our dedicated legal team will stand up to insurance companies and the responsible parties to help secure the compensation your family deserves.
Our experienced Texas wrongful death attorneys will guide you through each step of the legal process, from investigating the details of your loved one’s death to filing the claim and preparing for trial if necessary. We have a history of achieving favorable outcomes for grieving families across Texas and are committed to fighting for justice on your behalf.
Whether through settlement negotiations or trial, we will tailor our approach based on the unique aspects of your case. Our goal is to help you recover compensation for medical expenses, funeral costs, loss of income, and the emotional pain your family has endured.
Do not delay in starting your wrongful death suit. Contact our compassionate attorneys at Francis Injury for a free case review today. Call us at (817) 329-9001 or reach out online to discuss your next steps. We are here to fight for your family; there is no fee unless we win your case.