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June 10, 2025 | Wrongful Death
When families lose loved ones to the negligence of another person or company, they have the legal right to pursue a wrongful death lawsuit against that party and prove the losses incurred. But who receives the Texas wrongful death settlement paid out from that lawsuit? Typically, the settlement funds are paid to the named parties in the lawsuit (i.e., those who are pursuing the legal action in the case).
Here are some examples from Bonilla Law Firm’s experienced Austin wrongful death attorneys:
In most situations where there is a surviving spouse, the spouse has the right to pursue legal action against the at-fault party. This applies to any spouse who is legally recognized in the state. If the wrongful death case is successful, the spouse receives the compensation from the settlement and has the right to use those funds as deemed appropriate.
If there is no surviving spouse, then the surviving children of the deceased have the right to pursue a claim. Alternatively, if there are no children, the parents of the deceased may be entitled to pursue a claim. If none of these parties align, the heirs to the estate or the named executor appointed by the court will take action. The parties that take action then have the right to receive those funds. Note that not just anyone can file a claim for losses, and in every situation, your wrongful death lawyer will carefully evaluate your relationship to the deceased and your legal standing to help determine whether you qualify to seek compensation.
When a victim hires an attorney to represent them in this legal process, the attorney is involved in the settlement recovery. That means that, when the court agrees on the settlement and it is paid, the attorney’s fees are paid at that time out of the settlement. This is done before the family or others receive compensation. Our legal team works on a contingency fee basis. That means we do not receive compensation from you directly, but instead are paid at the time the settlement is paid out. That also means you do not pay anything to our legal team if you do not win your case.
In certain cases, hospitals and doctors who provided medical care may be entitled to a portion of the settlement, especially if the costs of treatment were not previously covered by the family or estate. These medical expenses are typically factored into your claim, and the court oversees their payment to ensure everything is handled properly and without added risk. You’ll be informed of these anticipated costs before filing a claim or accepting a settlement. This is one of the key reasons to have an experienced Austin wrongful death attorney by your side—your lawyer will work to make sure all losses are accounted for in the final settlement.
Victims of wrongful death cannot fight for themselves, but with the help of an Austin personal injury advocate, you can fight to receive the compensation owed to your family. If you were a dependent or close family member of a person who died as a result of the negligence of others, hire an Austin wrongful death lawyer from Bonilla Law Firm at (512) 441-1111 to represent you in the pursuit of financial compensation.