What Is The Average Wrongful Death Settlement in Texas?

Understanding Settlement Amounts For Wrongful Death Lawsuits in Texas

Families dealing with a wrongful death often wonder, “What’s the typical settlement for a wrongful death claim in Texas?” It’s a valid question, as deciding whether to pursue legal action is crucial after such a loss. Every wrongful death lawsuit is unique, so predicting an exact settlement amount in Texas is difficult. Settlements can range dramatically—from about $100,000 to over $100,000,000.

At JML Injury Law, our experienced wrongful death lawyer has extensive experience with these matters and can help you navigate difficult circumstances. If you’re grieving the unexpected loss of a loved one and considering legal action for financial compensation, we’re here to assist. We offer confidential, no-obligation consultations to discuss your case and potential compensation.

What Is The Average Wrongful Death Settlement in Texas?

In Texas, wrongful death lawsuit settlements vary widely, with some ranging from approximately $500,000 to $1 million and others reaching upwards of $10 million, even before going to trial. The settlement amounts depend heavily on the defendant’s insurance coverage and financial status. Factors such as the judge presiding over the case, jury perceptions, the circumstances of the death, and the types of damages claimed also significantly influence the settlement outcome. Each case demands a thorough evaluation to estimate the potential financial compensation in a wrongful death lawsuit.

Although there’s no standard average settlement in Texas, our Texas wrongful death lawyer consistently aims to secure the full “policy limit” or general liability policy amount for the beneficiaries.

Factors That Impact Wrongful Death Lawsuits

A settlement for a wrongful death case considers various economic and non-economic factors.

Economic Factors

• Age of the Deceased: The tragic loss of children or young individuals due to negligence often means the loss of potential future earnings. This aspect is crucial in determining the settlement amount, as those years of foregone income are considered.
• Funeral and Burial Costs: The financial burden of funeral and burial expenses falls heavily on the bereaved family. These costs are recognized and compensable, offering some relief during a difficult time.
• Household Services Value: The absence of a loved one can lead to a significant loss of household services, imposing additional expenses on the surviving family members. Compensation for this loss acknowledges the economic impact of the bereavement.
• Dependents: The presence of dependents and their number significantly influences the assessment of a case. The financial support the deceased provided to their dependents is a key factor in determining compensation.
• Financial Support and Income Loss: The monetary support and income previously contributed by the deceased are eligible for compensation, recognizing the financial void left by their passing.
• Medical Expenses Prior to Death: If the deceased endured pain and suffering or incurred medical expenses prior to death, the estate may seek compensation through a survival action, aiming to cover these costs.
• Punitive Damages: Detailed discussions on punitive damages underline their role in penalizing the negligent party beyond compensatory measures, serving as a deterrent for future negligence.

Non-Economic Factors

• The Relationship Factor: Courts closely scrutinize the nature of the relationship between the deceased and the surviving claimants. Generally, immediate family members like spouses or children are awarded more than distant relatives or friends. This category evaluates the potential loss of affection, guidance, moral support, attention, and companionship.
• Loss of Future Benefits: This encompasses the future benefits, gifts, and experiences that would have been received if the deceased had lived.
• Circumstances of Death: The nature of the death significantly impacts the settlement amount. A death that is painful and prolonged often results in a higher settlement compared to one that is quick and painless. Furthermore, deaths resulting from negligence or malice are subject to higher settlements than those from accidents. Cases involving car accidents, trucking accidents, offshore injuries, and corporate defendants typically see higher recoveries. For accidents involving 18-wheelers, further details on truck accident averages can be found here.
• Loss of Consortium: This refers to the deprivation of love, companionship, and sexual relations due to the death of a spouse or close family member. While eligibility for claiming damages for loss of consortium varies by state, in Texas, both the spouse and any minor children of the deceased can receive compensation.

Beware Of Online Wrongful Death Settlement Calculators

Wrongful death calculators found online are mostly inaccurate. They ask for details about the deceased and try to estimate a possible settlement amount. However, these estimates are unreliable for several reasons. Each case of wrongful death is unique with settlements varying greatly. There’s no average settlement data for these calculators to use.

Also, insurance companies don’t adhere to these calculators’ formulas and often offer lower settlements to save money. Most wrongful death cases settle before going to trial, with outcomes heavily influenced by the skill and resources of your lawyer. Therefore, use wrongful death calculators cautiously. To understand how wrongful death claims are calculated, ask an attorney about their experience with such cases.

Frequently Asked Questions

Are Punitive Damages Awarded In Texas?

Under Texas Law, wrongful death cases may include punitive damages alongside compensatory damages. These punitive damages aim to penalize the defendant for their conduct and dissuade similar future actions by others.

Unlike some states, Texas permits punitive damages in instances of particularly egregious behavior or when negligence or recklessness leads to death. Furthermore, juries might consider the victim’s pain and suffering when deciding on punitive damages, which are reserved for cases of extreme misconduct and are not intended to compensate the victim’s family for their loss.

Are Wrongful Death Settlements Taxed In Texas?

In Texas, wrongful death settlements are exempt from taxation, and classified under state law as compensatory damages. The only time taxes come into play is if the settlement is invested in an annuity; then, the payments from the annuity may be taxable. However, the initial settlement received as a lump sum remains untaxed. This provides a silver lining for families dealing with the profound loss of a loved one, ensuring that their financial compensation is not diminished by taxes. This policy offers some solace, allowing them to receive their full settlement without the burden of additional taxes in our state.

Contact Our Texas Wrongful Death Lawyer Today

At JML Injury Law, we deeply understand the heartache caused by the sudden loss of a loved one. Our compassionate team is dedicated to crafting a strong case for you and your family, enabling you to focus on what’s most important during these difficult times. Begin with a complimentary case evaluation and let us take the first steps towards holding the responsible party accountable. Reach out to our Texas wrongful death attorney today at (214) 764-3600 to discover how we can support you.