What is the average settlement for a wrongful death claim in Houston, TX? After losing a loved in an accident, it won’t be the first question on your mind. However, it’s an understandable question. The loss of a loved one completely alters your life, and you may find yourself pursuing a lawsuit.
There’s no amount of money that can bring someone back after a wrongful death incident. However, filing a claim or lawsuit helps you acquire the resources needed for medical bills, funeral expenses, and other losses associated with your loved one’s death.
Every wrongful death case is different. That’s why there’s no way to provide an estimate of how much your claim is worth. In Texas, one case may resolve for $120,000 while another settles for $12,000,000 or more.
At Herbert Trial Law, our attorneys secure the settlements families need after a loss of life. If you lost a loved one in an accident and want to learn more about your case, you can schedule a free consultation with an attorney. Consultations are confidential, and you have no obligation to move forward.
Ultimately, the question is, how much might you recover? Below, we cover a variety of factors that go into wrongful death settlements. We also cover the wrongful death statue in Texas and how these cases typically resolve.
What Is the Average Settlement for Wrongful Death in Texas?
There is no average settlement for wrongful death claims in Houston, TX. The median award amount for wrongful death claims in 2023 was $826,892. However, that figure includes both jury awards and settlements.
Settlements vary dramatically depending on several factors. Often, payouts range from $500,000 to $1 million dollars while other cases settle for more.
The amount recovered in these cases depends on the defendant’s insurance coverage and financial standing. Additionally, other factors that impact recovery include:
- The judge presiding over the case
- Expenses related to your loss
- How jurors feel about the facts of a case
- The circumstances of the death
- Type of damages sought
Every case requires a thorough assessment to determine a potential settlement. In claims and lawsuits, an attorney works with you to identify tangible and intangible losses. Then, they calculate a settlement amount.
Whether the opposition settles or you receive a jury award, it can help you recover financially from the loss.
There is no established average wrongful death settlement in Texas. But, a skilled attorney can work to secure the full policy limit for beneficiaries. If your case goes to trial, a jury may determine the value of your case. During the trial, attorneys present the facts and arguments before the judge and jury. Then, the jury renders a verdict, which can also provide monetary damages.
What Is a Wrongful Death in Texas?
Under Texas law, a wrongful death occurs when an injury caused by another entity’s carelessness, lack of skill, neglect, or default, results in the injured person’s death.
If a case meets this criteria, you may have grounds for a claim. Your attorney will investigate the claim to build a case that proves this criteria and that the entity’s act directly contributed to the loss of your loved one. Often, accused parties argue that other factors led to the person’s death. Their goal is to reduce or shift liability because this impacts the value of the settlement.
What Is a Wrongful Death Settlement?
A wrongful death settlement is a monetary award someone receives after the other party negotiates a deal before or during the trial. The settlement is for expenses related to the incident, including loss of financial support, loss of consortium, and medical bills.
What Factors Impact Wrongful Death Claims?
Settlements in these cases involve several economic and non-economic considerations.
- Age: If the accident involves children or a young person, the settlement may take into account the years of earning that was ahead of them.
- Funeral expenses: A loss incurs numerous expenses, and the settlement reflects these actual costs.
- Household services: The loss of a loved one can cause a loss of household services. This can create new expenses for a family, especially if the deceased was the primary source of income for the home.
- Dependants: If the victim had supported dependents, the number of them impacts the evaluation.
- Lost income: Lost financial support is eligible for compensation.
- Medical bills: If your loved one incurred medical expenses or experienced pain and suffering before their death, you could bring a survival action for compensation.
- Punitive damages: Awarded as a penalty against the defendant if the judge deems the accident as gross negligence or malicious.
- Loss of benefits: Loss of future benefits, experiences, and gifts you would have received had your loved one survived.
- Cause of death: Painful, prolonged deaths often result in a higher settlement.
- Relationship: Courts examine the relationship between the deceased and the beneficiaries. Usually, spouses and children receive more than friends or distant relatives. This category covers loss of affection, moral support, guidance, companionship, and attention.
- Loss of consortium: This refers to the loss of companionship and sexual relations that result from the death of a loved one. Texas allows both the spouse and any minor children to be eligible to receive compensation.
This is not a comprehensive list because there are always factor specific to a case. Some claims are more clear-cut than others. That’s why the victim’s family should consult an attorney.
Who Can Pursue a Wrongful Death Settlement in Texas?
Generally, only the spouse, child, or parent of the victim can file a claim. The idea behind this is that these individuals experienced the most direct and severe impact of the death. If you aren’t sure whether you are able to file a claim, an attorney can evaluate your options.
Who Can I File a Wrongful Death Claim Against?
Typically, you file a claim against the entity or entities that played a role in the wrongful death of your loved one. This can include businesses, individuals, corporations, and government entities. If an entity’s negligence or actions meet the standard in Texas, your attorney can hold them accountable.
How Do I File a Claim?
First, gather medical records and other documents that show your loved one’s health history. Additionally, gather police reports and other relevant information.
Then, consult an attorney who specializes in personal injury claims. They can evaluate your case and determine whether it meets the standards. If it does, they can calculate your settlement amount.
Finally, your attorney contacts the at-fault entities, their legal representative, and their insurance companies. They initiat the claims process and begin to build your case while exploiting settlement options.
If the other entities refuse to negotiuate a just settlement, you attorney can take the case to trial. There, they present the facts to the judge and jury. Ultimately, the jury reaches a verdict that determines whether you receive monetary damages.
Contact an Attorney Who Is Ready to Win
The loss of a loved one can leave you feeling depressed, angry, and stressed about the future. That’s where Kyle Herbert and his team come in. Where other attorneys give up, we turn denied claims into just compensation.
We help victims and their families by advocating for their best interests. Our team handles all of the paperwork and deadlines so that you have time to focus on your family.
Don’t hesitate to contact Herbert Trial Law today. Our team is ready to discuss your case. When you hire our firm, we are in your corner to provide assurance and compassion as we work on your claim.