| Read Time: 3 minutes | Wrongful Death
average wrongful death settlement texas

Losing a loved one in an unexpected accident is a tragedy. When your family member’s death is caused by another person’s negligent or intentional acts, your family likely wants justice.

In Texas, certain surviving family members can file a wrongful death lawsuit against the responsible parties. Understandably, prospective clients want to know what the average wrongful death settlement in Texas is.

What Is the Average Wrongful Death Settlement?

Unfortunately, there’s no wrongful death lawsuit settlements average we can share with you. That’s because every case is different. The circumstances and facts of your family’s case will differ from someone else’s case.

Rather than trying to figure out what an average wrongful death settlement in Texas is, learn what your family’s case is worth. Contact the skilled Texas wrongful death lawyers at Flores, Tawney, & Acosta P.C. to discuss your case. 

Understanding the various factors that influence wrongful death case value will help you understand why there isn’t an average settlement amount.

Do Wrongful Death Settlement Calculators Work?

You can find numerous settlement calculators online, but those tools are usually unreliable. That’s because online calculators cannot account for individual factors or unique circumstances. Also, insurance companies don’t use online calculators. Adjusters have their own calculation methods, which is why there isn’t an average wrongful death settlement in Texas.

Insurance adjusters typically lowball settlement offers, especially when clients are not represented by a lawyer. Your possible settlement partially depends on your attorney’s experience and negotiating skills.

Factors that Impact Your Texas Wrongful Death Case Value

Several factors can impact the value of a wrongful death case. Three of the most important factors are damages, fault, and the amount of available insurance coverage.

Damages

Damages in a wrongful death lawsuit differ from other personal injury cases. Wrongful death lawsuits compensate surviving family members for their losses rather than the deceased’s damages. If your family member had medical expenses and pain and suffering before death, the estate could bring a separate survival action to recover compensation for those damages.

When calculating wrongful death damages, several factors are considered, including:  

  • Age of the deceased,
  • Number of dependents,
  • Cause of death,
  • Value of household services,
  • Loss of affection and companionship,
  • Loss of financial support,
  • Relationship with the deceased, and
  • Loss of Benefits.

For example, the value of a wrongful death claim brought by the family of a person who was young and who had young dependents will be different from the value of a wrongful death claim brought by the family of an older retired person. That’s because a young person would’ve had many years of earnings ahead of them and also would have been responsible for the costs of raising their children.  

Fault 

Who was at fault also plays a significant role in your case value. Texas follows the legal theory of modified comparative negligence. This means you can still collect a portion of your damages if you’re partially at fault for your injuries. However, if you are more than 50% at fault, Texas law bars you from recovering any compensation.

In a wrongful death case, the deceased family member’s percentage of fault applies when determining if a family member can recover compensation. If the deceased was 10% at fault, your family would receive 90% of your damages. However, if the deceased was 60% at fault, your family would receive nothing.

Amount of Available Coverage

The available insurance coverage also impacts your potential case value in a wrongful death lawsuit. It doesn’t matter if your family has $200,000 in damages if there’s only $100,000 in available insurance coverage.

The only way to collect more than the defendant’s insurance policy provides is to sue the defendant directly. An experienced wrongful death attorney can help you negotiate with insurance companies and evaluate all of your options. 

Contact a Texas Wrongful Death Lawyer at Flores, Tawney, & Acosta P.C.

If you lost a family member because of another party’s actions, it’s time to contact a Texas wrongful death lawyer. You need an experienced legal advocate to protect your rights and help your family get justice.

Our lawyers focus on complex cases, including wrongful death lawsuits. We understand what it takes to build and win a wrongful death case. Contact our office today to schedule an initial consultation.

Let us help you fight to hold the responsible parties accountable for your loved one’s death.

Author Photo

Alejandro Acosta

Mr. Acosta is a lifelong resident of El Paso. He graduated from Cathedral High School in 2000 and graduated from St. Mary’s University in San Antonio in 2004. Mr. Acosta went on to attend Sandra Day O’ Connor College of Law (Arizona State Law School). He graduated in 2008, receiving his J.D. and his Indian Legal Certificate for his work in Indian Law and dealings with various tribal nations throughout Arizona. Alejandro has been licensed to practice law in Texas since 2008 and has been licensed in the State of New Mexico since 2011.

Rate this Post

1 Star2 Stars3 Stars4 Stars5 Stars
Loading...