How Much Can a Wrongful Death Settlement Be Worth in Texas?

November 19, 2021 | Wrongful Death

Losing a loved one is incredibly difficult for family members. Grief in these circumstances is enhanced if the death was caused by the careless or negligent actions of another individual or entity. In these circumstances, family members may be able to recover closure and compensation through a wrongful death lawsuit. Here, we want to discuss how much is available through a typical wrongful death settlement in Texas.

What Damages Can Be Recovered?

If a wrongful death case in Texas is successful, damages (the plaintiff’s losses) are typically awarded to the deceased’s surviving spouse, children, or parents. Damages in a Texas wrongful death claim can compensate for various types of losses, including the following:

  • Loss of future earnings of the deceased
  • Loss of care, services, support, maintenance, and council the deceased would have provided surviving family members
  • Emotional and psychological pain and suffering experienced by surviving family members
  • Loss of the deceased’s companionship, love, comfort, and society
  • Lost inheritance, including what the deceased would likely have saved and left to family members had they lived

In addition to these compensatory damages, punitive damages may also be available through a Texas wrongful death claim. However, these damages will only be awarded if the death was the result of the reckless or intentional actions of the at-fault party.

What Factors Are Considered in a Wrongful Death Settlement?

There are a variety of factors that go into determining how much compensation will be paid as a result of a wrongful death settlement or jury verdict. Placing a monetary value on a life is incredibly challenging and will likely require assistance from medical, financial, and economic experts while the case is ongoing. Some of the factors that may be considered when working to reach a fair wrongful death settlement amount include the following:

  • The age of the deceased
  • The expected lifespan of the deceased had they lived
  • The deceased’s earning capacity
  • The deceased’s future expected earnings
  • The health of the deceased
  • The age of the deceased’s dependents
  • The deceased’s career training or education
  • Medical bills and other expenses incurred as a result of the incident
  • The value of lost benefits (pension, retirement plan, health insurance)
  • Funeral and burial expenses

When working to properly calculate wrongful death settlements, it is crucial that damage amounts be supported by objective evidence and not simply be estimates. Insurance carriers or a wrongful death jury need to see concrete evidence of the losses claimed by the plaintiffs in these situations.

Working With an Attorney

If you have lost somebody that you love as a result of the careless or negligent actions of another individual, business, or entity in Texas, reach out to an attorney as soon as possible. A skilled wrongful death lawyer can handle every aspect of the claim. This will include working with trusted medical and economic experts who can help properly calculate the family and a state’s total expected losses. An attorney will vigorously negotiate with insurance carriers to recover fair compensation, and they will also fully prepare the case to be heard in front of a wrongful death jury.