There is no easy way to determine the average settlement for wrongful death in Texas. The value of a wrongful death settlement depends on many factors, including the decedent’s age, occupation, and future earning potential.
If you lost a loved one because of another party’s careless behavior, you may be entitled to financial compensation from the at-fault party. Our firm can assist you with determining fair compensation and seeking damages from the responsible party.
How Is Wrongful Death Defined in Texas?
Texas Civil Practice and Remedies Code § 71.002 defines wrongful death as anyone’s passing that results from another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
These situations can result in someone’s untimely passing:
- An instance of medical malpractice
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- DWI accidents
- Distracted driving accidents
- Construction accidents
- Slip and fall accidents
Your lawyer will listen to the details of your situation and determine whether you have a valid wrongful death case.
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Who Can Seek a Wrongful Death Settlement in Texas?
As outlined in Texas Civil Practice and Remedies Code § 71.004, the following parties could file a wrongful death case and recover damages:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents
If no eligible parties file a wrongful death lawsuit within three months of the death, the executor of the deceased person can file a lawsuit. The family members listed above could specifically request otherwise, though.
Recoverable Damages in Wrongful Death Cases
Damages in a wrongful death case are intended to compensate beneficiaries for their loved one’s passing. Our firm can evaluate your situation and determine the value of your tangible and intangible losses. Compensation in your case could comprise:
- Loss of earning capacity for your loved one’s projected income
- Loss of care, maintenance, services, support, advice, and counsel, including childcare, chores, household maintenance, and more
- Loss of love, companionship, comfort, and society for the loss of relationships between spouses, parents, and children
- Loss of inheritance based on what your loved one would have earned and saved had they survived
- Funeral expenses for the cost of laying your loved one to rest
- End-of-life medical bills if your loved one needed care before their passing
In many cases, insurance companies want to settle quickly and cheaply. The insurance provider may offer you a lowball settlement shortly after your loved one’s passing. You may have a hard time making decisions right now, but your lawyer will objectively evaluate any settlement offers and advise you whether to accept.
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Our Firm Will Fight for Justice for You and Your Family
Nothing can replace your loved one. However, you may find comfort in seeing the at-fault party take financial responsibility for your loss. Your lawyer will walk you through the process of seeking a wrongful death settlement. They will handle the intricacies of the legal process, so you can mourn your loss and focus on healing.
Here are some things your lawyer can do for you:
Investigate Your Loved One’s Passing
Whether your loved one passed away at the scene of the accident or in a hospital, your lawyer will investigate the fatal injury. They will collect evidence showing that the other party’s negligence injured your loved one and that those injuries caused his or her passing.
Some of the evidence may include:
- Pictures of the accident scene (if applicable)
- Pictures of your loved one’s injuries
- Eyewitness statements
- Toxicology reports
- Cell phone records
- Medical bills and records
- Expert testimony
Estimate the Value of Your Damages
Your lawyer will estimate how much your wrongful death settlement is worth. They will:
- Use past wage statements to project your loved one’s future earnings and potential savings for an inheritance
- Gather estimates for the services you must pay for, such as childcare, housekeeping, and home maintenance
- Interview you and your family members to demonstrate your loss of love, comfort, companionship, and society
Interact With the Insurance Provider
You do not have to speak to the other party’s insurance provider. Your lawyer can take over phone calls and written communications concerning your case. They will file an insurance claim for you and submit all supporting documents.
Handle Settlement Negotiations
Your lawyer will negotiate a settlement that fairly compensates you and your family for your loss. While your lawyer will work hard to reach a settlement, they will also prepare your case for trial in case negotiations fail.
File a Lawsuit on Your Behalf
If the insurance company will not agree to a fair wrongful death settlement, your lawyer will file a lawsuit on your behalf and fight for justice in court.
Time Limits in a Wrongful Death Case in Texas
Time is critical in a wrongful death case. Your lawyer needs to act quickly after the death of your loved one to collect evidence related to your case. Witnesses’ memories may grow cloudy with time, and evidence from the scene may be lost.
In addition to collecting time-sensitive evidence, your lawyer must meet important deadlines. Texas Civil Practice and Remedies Code § 16.003 establishes the statute of limitations for wrongful death lawsuits. You generally have two years from the date of your loved one’s passing to file your lawsuit in civil court. We encourage you to connect with our team before time runs out.
Loncar Lyon Jenkins Can Represent You in a Wrongful Death Case
If you want help handling a wrongful death case, call in the Strong Arm. A lawyer with Loncar Lyon Jenkins may be able to help you seek a wrongful death settlement from the responsible party and his insurance provider.
Call (877) 239-4878 today for a free case review. We can go into more detail regarding the average settlement for wrongful death cases in Texas.