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How are wrongful death claims settled in Texas?

On Behalf of | Jan 6, 2023 | Wrongful Death |

Losing a loved one is incredibly difficult for everyone affected. Your grief can be enhanced if your loved one’s death resulted from someone else’s unlawful actions. In such circumstances, you may recover closure and financial restitution through a wrongful death claim. But how are wrongful death settlements determined in the Lonestar State?

Every wrongful death lawsuit is unique. Thus, there is no cut-and-chase formula for arriving at a dollar amount in a wrongful death settlement. To help understand what you will receive following your loved one’s preventable death, it helps to understand the recoverable damages.

So what damages can you recover in a wrongful death claim?

If a Texas wrongful death claim is successful, the awarded damages will usually go to the victim’s surviving spouse, children or parents. The damages are intended to take care of a variety of losses such as:

  • Loss of future earnings by the victim
  • Emotional and psychological pain suffered by the victim’s family
  • Loss of support, care and counsel the victim would have provided
  • Loss of love, companionship and comfort

Depending on the circumstances that led to the wrongful death (intentional or reckless actions like drunk driving or misuse of a firearm), you can also pursue the liable party for punitive damages.

Determining the value of a wrongful death settlement

No amount of financial compensation can take away the pain of losing a loved one. That said, a number of factors come into play when determining how much compensation you will receive following your loved one’s wrongful death. These include:

  • Funeral and burial expenses
  • The victim’s age at the time of death
  • The victim’s earning capacity as well as their future earning expectations
  • The victim’s education or career training
  • Any medical bills incurred before the victim’s death

Not many life experiences are as difficult to process as a loved one’s preventable death. Find out how you can pursue damages in a wrongful death lawsuit.