There is no average wrongful death settlement in Texas. The amount of financial recovery you can receive depends on certain factors, such as the severity of your loved one’s injuries, the type of accident, state guidelines, insurance coverage of the responsible party, and the specific terms of the settlement agreement.
A wrongful death lawyer with our firm can explain your legal options but cannot guarantee recovery in any amount.
Types of Recoverable Damages Available in Wrongful Death Settlement
While no amount of financial recovery can make up for the loss of a loved one, a wrongful death settlement can ease the financial burden you encounter when they pass away. Damages in a Texas wrongful death case may reimburse for losses such as:
- Lost earning ability had your loved one lived a normal life expectancy
- Loss of companionship, care, support, advice, and counsel
- Lost inheritance, including what your loved one would have given to surviving family members
- Medical bills until the time of passing
- Funeral and burial costs
- Pain and suffering your loved one experienced from the time of the accident until passing
Factors that Could Influence a Wrongful Death Settlement
There are no specific calculations when it comes to a wrongful death settlement in Texas. A core concept in a wrongful death settlement is to estimate the projected lifetime earnings had your loved one lived a normal lifetime, in addition to their passing has affected your life.
Sometimes, when coming up with an offer, an insurance adjuster or jury will consider certain factors, including:
- The age of your loved one
- The type of injuries they suffered
- The nature of the accident in which they were involved
- Your and your family’s quality of life after your loved one’s passing
- The state of your loved one’s health prior to the accident or illness that caused their untimely passing
- Their income and projected employment trajectory at the time of their passing (e.g., a younger person will likely have a longer employment trajectory than an older person)
- Their temperament and habits (for example, a risk-taker)
- Your financial and non-financial damages
Factors to Consider When a Senior Citizen Or Child Passes Away from Negligence
It is generally assumed in a wrongful death settlement that a senior citizen is retired and therefore has little income potential. When it comes to an average wrongful death settlement of a child, it is nearly impossible to estimate their lifetime earnings because the child’s talents and abilities have not been fully realized.
How a Wrongful Death Lawyer with Our Firm in Texas Can Help
There is no greater sorrow for a family than the untimely passing of a loved one, especially due to negligence. Allow our wrongful death lawyers to take on your case and be your legal advocates. If you have any questions about your case or the legal system in general, do not hesitate to reach out to us.
- Consistently update you on the progress of your case
- Gather photographs and video footage of the accident scene
- Speak to witnesses
- Get expert testimony from medical professionals and accident reconstruction specialists
- Illustrate the other party’s negligence
- Manage phone calls, emails, and other communication with the insurer and legal representatives
- Assess your damages
After we have accomplished all of these tasks, we can begin the claims process.
When to Expect a Wrongful Death Settlement
Once you have accepted a settlement offer, the case is closed, and you cannot request more financial recovery, even if you find that you have additional damages down the road.
With one of our wrongful death lawyers on your side, you won’t have to worry about missing out on recovery. They can ease the burden of dealing with an insurance company by reviewing the insurer’s offer to check that it will cover all your losses. If it doesn’t, they can present a counteroffer on your behalf.
We will ensure you do not make any mistakes or jeopardize your right to receive the awards you deserve. Keep in mind that it may take several months before you receive financial recovery from a wrongful death settlement in Texas due to the often drawn-out negotiations process.
Filing a Wrongful Death Lawsuit
If we cannot negotiate a fair resolution with the insurance company, we may take your case to trial. Please be aware that there is a two-year time limit to file a wrongful death lawsuit in Texas.
It is crucial for us to comply with the deadline. Otherwise, you may be barred from pursuing the financial recovery you and your family needs. If that happens, it will be your responsibility to pay for all of the related damages.
How a Wrongful Death Settlement is Divided
The division of a settlement will depend on whether the deceased died with or without a will. If there is no will, the settlement is divided by the state’s probate statute governing division of property of a deceased person.
We Accept Many Kinds of Wrongful Death Cases
Since 2002, our law firm has helped families who have lost loved ones because of someone’s negligence. We understand that this is a time of great loss and sorrow for you and your family. Our legal team will do all we can to keep you as comfortable as possible throughout this process.
We handle many types of wrongful death claims and settlements, including those that are a result of:
- Auto, truck, motorcycle, bicycle, moped, aviation, and pedestrian accidents
- Medical malpractice
- Defective products
- Slip and fall accidents
- Workplace injuries
- Nursing home abuse and neglect
- Negligent security
Get Help from D. Miller & Associates, PLLC™, Today
If you have questions about an average wrongful death settlement in Texas or other personal injury questions, D. Miller & Associates, PLLC™, is ready to help you. Please call us today at 713-850-8600.
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