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.
No family should have to grieve while also fighting for answers. We’re here to help you understand what happened and to seek justice for your family, with the care this moment deserves.
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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.
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.
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 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:
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.
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.
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.
Also, be sure to file as soon as possible, so you don’t miss the wrongful death statute of limitation deadline.
A jury found MVT Services LLC and its driver responsible for a fatal I-40 crash that killed El Paso father Orlando Robles, awarding $20 million in compensatory damages and $7.5 million in punitive damages to his son.
Read the Full Case ResultCase results depend on the unique facts of each case. Past results do not guarantee or predict a similar outcome in any future case.
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 is an El Paso native committed to serving her community through compassionate and effective legal representation. After graduating from El Dorado High School, she earned her Bachelor of Arts in Political Science with a minor in Philosophy from St. Mary’s University. Daisy went on to earn her Juris Doctor (magna cum laude) from Texas Tech University School of Law in 2015. She proudly represents clients with a dedication rooted in her deep ties to the border region.
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