Texas Wrongful Death Settlements & Key Factors That Impact Compensation

Losing a loved one is a painful experience. If their death resulted from someone else's negligence, that pain is often compounded by frustration and uncertainty.

If you find yourself in this situation, you're likely dealing with a range of emotions and concerns, including the prospect of pursuing a wrongful death lawsuit.

While many survivors want to know the average wrongful death settlement, the truth is that every case is unique. Working with a wrongful death attorney can help you maximize your compensation and ensure a fair payout.

Average Settlements for Wrongful Death Cases in Texas

It’s important to understand that the idea of an “average” wrongful death settlement can be misleading. Some wrongful death settlements are as low as $500,000, covering only basic economic damages. Others may exceed $5 million, particularly when punitive damages or substantial lost wages are involved.

Relying solely on broad ranges isn’t useful without understanding the underlying factors that determine those values. Ultimately, the final settlement will depend on the unique aspects of each case.

Legal Definition of Wrongful Death in Texas

To understand how wrongful death claims are valued, it’s helpful to start with the legal definition of “wrongful death”.

According to Texas Civil Practice and Remedies Code § 71.002, a wrongful death occurs when a person's death results from the "wrongful act, neglect, carelessness, unskillfulness, or default" of another person or entity.

This can encompass a wide range of situations, including:

• Car and truck accidents: Fatal crashes caused by reckless driving, distractions, speeding, or operating a vehicle while under the influence.
• Medical malpractice: Deaths stemming from misdiagnosis, surgical errors, medication mistakes, anesthesia complications, or failure to provide adequate treatment.
• Workplace accidents: Fatal injuries that occur due to unsafe working conditions, lack of proper safety equipment, employer negligence, or exposure to hazardous materials.
• Product liability: Deaths caused by defective or dangerous products, including faulty auto parts, unsafe pharmaceuticals, and hazardous consumer goods.

Filing a wrongful death lawsuit allows the surviving family members to seek financial compensation for their losses. However, only certain individuals are permitted to pursue such claims.

Who Can File a Wrongful Death Claim in Texas?

Texas law specifies the parties that are eligible to file a wrongful death suit. They include:

• Surviving spouse: The legal husband or wife of the deceased.
• Children: The biological or legally adopted children of the deceased.
• Parents: The biological or adoptive parents of the deceased.

If no family member files within three months, the estate’s personal representative has the right to initiate the wrongful death suit unless a surviving relative objects. Texas law doesn’t allow siblings to file a wrongful death lawsuit for their brother or sister.

Key Factors Affecting Wrongful Death Settlement Amounts

Several elements can influence wrongful death settlement amounts, and understanding them can help the surviving loved ones navigate their claims effectively. The following are some of the most significant factors in determining compensation:

• Severity of negligence: Cases involving gross negligence or reckless misconduct often see higher settlements compared to those based on standard negligence.
• Clarity of liability: Strong evidence proving that the defendant’s actions directly caused the victim’s death can increase the final settlement value.
• Deceased’s age and earning potential: The deaths of younger people typically lead to larger payouts due to the greater expected loss of future income.
• Surviving dependents: Compensation may be higher if the victim had a spouse or children, factoring in lost companionship and financial dependence.
• Insurance policy limits: The at-fault party’s insurance coverage also plays a major role — if the losses exceed their policy limits, recovery options may be limited.

Each of these factors plays a role in determining wrongful death settlements and reinforces the importance of having strong legal representation when pursuing a claim.

Recoverable Damages in a Wrongful Death Settlement

Calculating a wrongful death settlement amount involves assessing both the tangible and intangible losses resulting from the loved one's death. Generally speaking, there are two primary categories of damages: economic and non-economic.

Economic Damages

Economic damages are intended to compensate the family for the financial losses they’ve suffered as a result of the death. These are generally easier to calculate because they’re based on objective evidence.

Lost Income

This category includes the deceased's past earnings from the time of their injury until the time of death, as well as the future earnings they would have reasonably been expected to earn had they lived.

Lost Benefits

Damages for lost benefits reflect the value of benefits the deceased would have received beyond their salary, such as health insurance, retirement contributions, life insurance policies, and other employment-related benefits.

Medical Expenses

These economic damages can provide reimbursement for any hospital bills, surgeries, treatments, and emergency care the deceased received before their passing.

Funeral and Burial Expenses

Funeral damages are meant to offset the costs associated with laying the victim to rest, including funeral services, cremation, cemetery plot, headstone, and other related expenses.

Non-Economic Damages

Non-economic damages aim to make up for the intangible losses the survivors have suffered. While they’re more subjective, they’re nonetheless a vital component of a fair wrongful death settlement.

Mental Anguish

Mental anguish refers to the emotional pain and distress experienced by the claimants as a result of their loved one's death. This can include grief, sorrow, anxiety, depression, and other psychological effects.

Loss of Companionship

Damages for loss of companionship provide compensation for the personal void left in the lives of the survivors, particularly spouses.

Loss of Parental Guidance

These damages can be awarded to the deceased’s children for the loss of nurturing, guidance, and emotional support.

In some cases, punitive damages may also be available if the defendant’s actions were particularly reckless or malicious. These additional awards are intended to serve as a punishment and deterrent against similar future conduct.

Does Texas Have a Cap on Wrongful Death Settlements?

In general, Texas law doesn’t impose caps on compensatory damages in wrongful death claims. This means there’s no limit to the amount a jury can award for economic and non-economic damages.

However, exceptions exist in certain cases. Wrongful death lawsuits filed against government entities, for example, are subject to specific limits. Additionally, medical malpractice cases have a $250,000 cap on non-economic damages per claimant and a maximum of $500,000 per incident.

How to Maximize Your Wrongful Death Settlement

Securing fair compensation in a wrongful death lawsuit requires strategic action. Insurance companies and defendants often try to reduce the amounts they’re forced to pay out, so it's crucial to take proactive steps to strengthen your case.

Here are a few key strategies for getting the most out of your wrongful death lawsuit:

Avoid Taking Quick Settlements

Insurance companies frequently offer low initial amounts to close cases quickly. Resist the urge to accept such an offer — if you do, you’ll forfeit your right to pursue further compensation.

Hire a Wrongful Death Attorney

Legal representation is critical for navigating wrongful death claims. An experienced attorney can analyze your case, negotiate with insurers, and take appropriate legal action.

Gather Compelling Evidence

Evidence like medical records, police reports, witness statements, and expert testimony can provide clear proof of liability, potentially increasing the final settlement amount.

Document All Financial Losses

Make it a point to keep detailed records of lost income, medical expenses, funeral and burial expenses, and other costs to help your lawyer accurately calculate your eligible economic damages.

Each of these steps can impact the final settlement amount considerably, ensuring that families receive the financial support they need during a difficult time.

Turn to Omar Ochoa Law Firm for Assistance with Your Wrongful Death Case

Pursuing a wrongful death lawsuit can be stressful. However, understanding the key factors that affect settlement amounts can help families make informed decisions. Compensation isn’t just about covering medical expenses and funeral costs — it’s about holding negligent parties accountable for their misdeeds and securing your family’s future.

If you've lost a loved one due to someone else's carelessness, Omar Ochoa Law Firm is here for you. We offer dedicated legal advocacy and unwavering support to clients throughout Texas. Contact us today for a free consultation to discuss your case and explore your legal options.