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July 18, 2024 by Greg Baumgartner
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.
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.
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.
Now that we know who can file a wrongful death lawsuit, let’s explore who is entitled to receive compensation in these cases.
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:
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.
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:
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.
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.
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 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
6711 Cypress Creek Pkwy, Houston, TX, 77069
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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