Available 24X7 Call For Free Consultation (281) 587-1111
Don’t Settle For Less!

Who Gets the Money in A Wrongful Death Lawsuit In Texas?

In some situations, the family of the person who died can try to get money through a lawsuit for wrongful death.

But who is entitled to receive this compensation? In Texas, specific laws determine who can receive financial compensation in a wrongful death lawsuit. We explore these laws and answer the question—who gets the money? This knowledge helps determine who will receive compensation from a wrongful death case in Texas.

Understanding Wrongful Death Lawsuits in Texas

A wrongful death lawsuit is a civil action brought by the immediate surviving family members of a person who has died due to the negligence or intentional actions of another party. Wrongful death cases can include situations such as car accidents, medical malpractice, workplace accidents, and more.

In Texas, a wrongful death lawsuit must be filed within two years of the date of the deceased person’s death. This is known as the statute of limitations. The family may lose their right to seek compensation if the lawsuit is not filed within this time frame.

Who Can File a Wrongful Death Lawsuit in Texas?

Before determining who receives compensation in a wrongful death lawsuit, we must first understand who is eligible to file the lawsuit.

In Texas, the surviving spouse, children, and parents of the deceased person have the right to file a wrongful death lawsuit. The deceased’s estate can file a survival case if the victim lived for a while after the wrongful act.

Who can file a wrongful death claim?

Who Receives Compensation in a Wrongful Death Lawsuit?

Now that we know who can file a wrongful death lawsuit, let’s explore who is entitled to receive compensation in these cases.

Financial Compensation for Losses

The purpose of a Houston wrongful death lawsuit is to provide compensation for the losses suffered by the surviving family members. Wrongful death compensation can include:

  • Loss of financial support: This includes the loss of the deceased person’s income, benefits, and other financial contributions they would have made to their family over their lifetime.
  • Loss of companionship and support and loss of consortium: The surviving family members may also be compensated for the loss of the deceased person’s love, companionship, and guidance.
  • Mental anguish: Losing a loved one can cause significant emotional distress, and the surviving family members may be entitled to compensation for this pain and suffering.
  • Funeral and burial expenses: The family may also be compensated for the costs associated with the deceased person’s funeral and burial.

Distribution of Compensation Among Wrongful Death Beneficiaries

In Texas, the compensation awarded in a wrongful death lawsuit is distributed among the wrongful death beneficiaries according to their relationship to the deceased person. Each person has a stand-alone claim for their losses from the death of their family member.

In other words, a Texas jury can listen to the evidence and determine the damages to be awarded to each wrongful death beneficiary. In essence, wrongful death damages are determined for the personal losses of each claimant separately. There is no set formula for who gets the money in a wrongful death case in Texas.

Often, the family members agree on how to distribute the money if a wrongful death case settles. The closer the relationship, the more money will be received in total compensation for a Texas wrongful death claim. Texas jury can decide on each claimant’s damages based on the evidence of their relationship with the deceased.

Factors That Impact How Much Money a Person Can Receive in A Wrongful Death Case

 

In our 35 years of experience in Houston wrongful death litigation, we have determined a pattern that is reflected in Harris County jury verdicts in wrongful death lawsuits. Here are the results of our study in order of compensation priority:

  • Spouses with a close relationship get the most money.
  • Children who are minors come next.
  • Parents of minor children
  • Adult children out of the household are after spouses and minor children in compensation amounts.
  • Finally, Parents of grown children.

Importantly, the money is awarded for the person’s individual losses related to the deceased. The closer the relationship, the more money they will receive when considering total compensation for a Texas wrongful death claim.

Examples of Who Gets the Money in a Texas Wrongful Death Case.

In an 18-wheeler accident, the case settled for 4.5 million. The deceased left a spouse and two children who were minors. The judge in the case appointed an ad-litem to protect the interests of the minor children. After a hearing, it was determined that the spouse would receive ½ of the settlement proceeds, and the minors would receive ¼ each by purchasing an annuity, which will be paid at set times after they turn 18.

A drunk driver hit and killed someone. The deceased left a mother who was over 55 and 2 children who were minors. The case settled for 6 million. At the minor settlement hearing, it was determined that the mother would receive 20% of the money, and the children would get 40% each, which was used to buy a structured settlement.

An adult child was killed in a car accident. The child was close with and communicated daily with her mom but had zero contact with the dad, who lived out of town and had not talked to his daughter in many years. In this example, the dad would get very little, if any, of the money.

Get an Experienced Wrongful Death Lawyer

 

In a wrongful death lawsuit in Texas, the surviving family members of the deceased person may be entitled to receive financial compensation for their losses if they prove the wrongful death claim.

This compensation is distributed among the beneficiaries according to their relationship to the deceased person, which can be decided by a judge or a jury or agreed upon among the claimants in a settlement.

If you have lost a loved one due to someone else’s negligence or intentional actions, it’s important to seek the best wrongful death lawyer in Houston to determine if you are eligible to file a wrongful death lawsuit and receive the compensation you deserve. Getting an experienced attorney can improve your chances of winning a wrongful death lawsuit.

Contact an Expert Houston, Wrongful Death Attorney at Baumgartner Law Firm

Contact Baumgartner Law Firm for a consultation about the loss of a loved one. Families have trusted us after the death of a family member for over 35 years.

Baumgartner Law Firm

(281) 587-1111

6711 Cypress Creek Pkwy, Houston, TX, 77069

Post under: Wrongful Death
Baumgartner Law Firm

Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representa-tion and personalized attention to every client.


6711 Cypress Creek Pkwy, Houston, TX, 77069 Call: (281) 587-1111

NEED HELP? HAVE QUESTIONS?

Get A Free Consultation

This field is for validation purposes and should be left unchanged.

Our Experienced Houston Personal Injury Lawyer Can Help!

(281) 587-1111