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 Tawney, Acosta & Chaparro 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 Tawney, Acosta & Chaparro 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.
Daisy Chaparro
Daisy Chaparro was born and raised in El Paso, Texas. A graduate from El Dorado High School in 2008 and obtained a Bachelor of Arts in Political Science with a minor in Philosophy from St. Mary’s University in 2012. Daisy then obtained her Juris Doctorate (magna cum laude) from Texas Tech University School of Law in 2015.
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