What is the average wrongful death settlement worth in TX? While there is no single average figure for wrongful death settlements in Texas, a settlement may depend on damages, specific characteristics of the victim, liability, and insurance policies.
A Houston wrongful death lawyer can help you understand the potential value of your claim and pursue the compensation your family deserves.
The Average Wrongful Death Settlement in TX Depends on the Damages Suffered
The core of any wrongful death settlement centers around the damages suffered by the surviving family members. These damages fall into two main categories.
Economic Damages
These are quantifiable financial losses that you can precisely calculate. They include:
- Medical expenses
- Funeral and burial costs
- Loss of the deceased’s income and benefits
- Loss of inheritance
- Loss of household services
These damages aim to ease the financial burden families face after losing a loved one.
Non-Economic Damages
These are more challenging to quantify in monetary terms, but are no less impactful. They aim to compensate for the emotional and psychological toll of losing a loved one.
They can include:
- Mental anguish of surviving family members
- Loss of companionship, guidance, and emotional support
- Pain and suffering experienced by the deceased before death
The value of one wrongful death claim in Texas can differ significantly from another, even if the financial losses are comparable, because of the subjective nature of non-economic damages.
The Typical Wrongful Death Payout in Texas Varies by the Deceased’s Characteristics
The individual characteristics of the person who passed away play a significant role in determining the value of a Texas wrongful death claim.
- Age: Generally, the younger the deceased, the higher the potential for lost earning capacity and loss of companionship over a longer expected lifespan. A young professional with decades of potential earnings ahead will likely have a higher economic damage claim than an elderly retiree.
- Income and earning potential: A high-earning individual with a strong career trajectory will naturally have a higher lost earning capacity claim.
- Health: The deceased’s health status and life expectancy before the incident can influence calculations for lost future earnings and life expectancy.
- Relationship to survivors: The closeness of the relationship between the deceased and the surviving claimants, as allowed under Section 71 of the Civil Practice and Remedies Code, impacts the value of non-economic damages, such as loss of companionship. For example, a court views the loss of a parent to a young child as more impactful than the loss of an estranged relative.
These characteristics demonstrate why wrongful death settlements in Texas vary so widely, as each case reflects the unique life lost and the profound impact on surviving family members.
The Average Payout for Wrongful Death in Texas Depends on the Evidence of Liability
For a wrongful death claim to succeed, the plaintiff must prove that the defendant’s negligence or wrongful act directly caused the death. The strength of the evidence proving liability is a significant factor in settlement value.
- Clear liability: If liability is clear-cut and well-documented, the case is more likely to settle for a higher amount because the defendant and their insurance company face a high risk of losing at trial.
- Disputed liability: If there is shared fault or conflicting accounts of what happened, liability becomes a point of contention. Cases with disputed liability often involve more negotiation and may result in lower settlements or trials.
- Gross negligence: If the death resulted from gross negligence or an intentional act, punitive damages may be available in addition to compensatory damages. Punitive damages, as laid out in Chapter 41 of the Civil Practice and Remedies Code, punish the wrongdoer and deter similar conduct in the future. They can significantly increase the total value of a settlement.
The strength and clarity of the liability evidence often determine whether a Texas wrongful death case results in a modest settlement, a lengthy legal battle, or a substantially higher recovery. Past client reviews emphasize the importance of strong advocacy in cases involving disputed liability.
Shared Fault in Texas Wrongful Death Cases
Texas follows a proportionate responsibility rule under Section 33 of the Civil Practice and Remedies Code, meaning that if the deceased is more than 50% at fault, the surviving family cannot recover any damages.
If they are less than 50% at fault, their damages are reduced by their percentage of fault. This is why it is worth getting a lawyer for a car accident or other deadly incident.
A Typical Wrongful Death Settlement in TX Is Influenced by Insurance Policy Limits
Even if a judge or jury awards a substantial amount, the reality of what a deceased’s beneficiary can recover often comes down to the available insurance coverage.
- Defendant’s insurance limits: Insurance companies pay out most personal injury and wrongful death cases. If the at-fault party has low insurance policy limits, the maximum amount recoverable might be capped at those limits, regardless of the actual damages.
- Multiple policies or defendants: In some cases, there might be multiple insurance policies or at-fault parties, which can increase the total pool of available funds.
- Uninsured/underinsured motorist (UM/UIM) coverage: If the wrongful death occurred in a car accident involving an uninsured or underinsured at-fault driver, the deceased’s or the family’s own UM/UIM automobile insurance coverage might provide an additional source of recovery.
Ultimately, the insurance resources available to cover a family’s losses in a Texas wrongful death case often limit the amount they can recover.
Our Houston Wrongful Death Attorneys at Lowe Law Can Help You Understand the Value of a Texas Wrongful Death Case
Texas wrongful death settlements encompass a wide range of values, influenced by various factors. Every case is different, which is why general averages only tell part of the story. While money cannot replace a loved one, it can ease the financial strain that often follows a tragic death.
If your family is coping with the loss of a loved one due to negligence or misconduct, speaking with a skilled wrongful death lawyer in Houston can help you understand the potential value of your claim and guide you through the legal process.
Contact Lowe Law today to schedule a free consultation and learn how our nationally-recognized team can make a significant difference for your family’s future.
