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What is the Average Settlement for Wrongful Death?
Wrongful death lawsuits involve significant damages. Losing a loved one is one of the worst things a family can face. The jury verdict numbers and the settlement amounts for wrongful death claims are typically noteworthy. Wondering how much are wrongful death settlements in Houston?
Houston wrongful death settlements at Baumgartner Law Firm often reach multi-million dollar amounts. Factors like liability and insurance coverage can impact the amount a wrongful death claim can bring.
A wrongful death lawsuit payout varies depending on liability facts, insurance coverage, and the closeness of the relationship with the deceased. Many of our wrongful death cases have settled between 3 and 5 million dollars.
Wrongful death settlement amounts are unique to each surviving family member because it is damages for the loss of the relationship with the deceased that is valued in wrongful death compensation.
Let our experienced and undefeated Houston wrongful death attorneys evaluate your case and explain your options.
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The average settlement for a wrongful death case in Texas will vary greatly depending on many factors. Wrongful death case results can range from millions to tens of millions or be more limited depending on the facts and the insurance available to pay. It is recommended that you get a qualified wrongful death attorney in Houston.
Circumstances Matter
Wrongful death lawsuits can arise from many different circumstances. A person can be tragically lost when being struck by a semi-truck, hit by a drunk driver, premises liability, or other accidents. Different cases can have different liability factors that may impact values for the loss of a family member.
Why the accident happened is an issue that can impact the liability portion of a wrongful death case evaluation. Texas uses a comparative responsibility method, which impacts settlements and the amount recovered in fatal accident cases.
Insurance Issues
Insurance issues will impact the value of a wrongful death case. Very seldom, in Texas, is a plaintiff able to collect more than the available insurance coverage. The settlement value will also likely be limited if all available insurance is limited.
Every case is unique, and getting a value on a wrongful death case is nearly impossible without knowing all the facts. Even then, the most skilled wrongful death lawyer in Houston can only give the family a range of potential settlements or verdicts.
Wrongful Death Lawsuits
Often, it is only after a wrongful death lawsuit has been filed and discovery in the case conducted that an experienced wrongful death lawyer determines a fair wrongful death settlement amount.
When it comes down to a jury trial, there is never any crystal ball on what a jury could do. However, the best wrongful death attorneys with a wealth of experience can estimate a value for the family.
Liability Considerations in a Wrongful Death Lawsuit
The cause of the accident will have a significant impact on the value of a wrongful death settlement. Wrongful death lawsuits with clear liability will have a larger wrongful death settlement value. Cases with contributory negligence by the deceased will have smaller wrongful death settlements.
For instance, if your loved one was stopped at a red light with numerous witnesses and was struck from the rear by a drunk driver, liability will not be in much dispute. But because Texas is a comparative responsibility state, damages would be reduced if the decedent were partly at fault.
A wrongful death lawsuit in Houston with strong evidence and adequate liability insurance can lead to significant wrongful death compensation for the surviving family members. Particularly with the best wrongful death lawyers on your side.
Getting the best lawyer for your case is vital for those reasons and more. Speak with an undefeated wrongful death attorney in Houston at Baumgartner Law Firm to protect your best interests.
Impact of Insurance Coverage
Collecting damages from an individual without money or insurance coverage is difficult in Texas. So, the amount of insurance can impact a wrongful death claim.
A few examples:
Your family member is hit from the rear in a car accident. The negligent party had only a minimum liability policy. Unless there is other coverage, like (an underinsured motorist), another defendant or the negligent driver is independently well-off, the insurance coverage will probably be all that is reasonably recoverable.
A truck accident was caused by a negligent 18-wheeler driver who lost control of the tractor-trailer, killing an innocent family member. The insurance coverage can be substantial and maybe more than one layer.
Likewise, death is caused by a dangerous and defective product that can involve deep-pocketed defendants where the collection of the judgment is not a factor.
On the other hand, Texas has capped the damages against medical providers, which means many people cannot afford a good attorney to help them with this type of case.
Claims of the Deceased Person’s Estate
If the decedent survived for a while after the accident, the surviving family members can also recover compensation through the estate of the deceased. This compensation can include such damages as pain and suffering, burial expenses, medical expenses, and other personal injury damages of the deceased. Getting an experienced attorney is the first step to filing a wrongful death case.
Relationship With the Deceased
Because a wrongful death case in Texas values the loss from the perspective of the family member suing, the relationship of the individual family member with the deceased will be assessed.
Most folks don’t understand that the value of a wrongful death claim is not putting a number on the life of the deceased but rather the amount of their own personal loss.
Wrongful death lawsuits consider individual factors for each family member involved in a lawsuit, and juries in a wrongful death suit will determine what is fair wrongful death compensation if a wrongful death settlement can’t be reached.
The closer the relationship with your lost loved one, the greater the wrongful death compensation.
How Much Does Each Family Member Get From the Wrongful Death Insurance Payout?
Typically, the value of a wrongful death claim considers the family hierarchy in valuing the claim. Each person who can file a wrongful death claim has their own case. Each will be valued on its own merits.
Here is a general breakdown of which family member usually gets the most money from a jury from our experience and review of jury verdicts in Houston and settlements in Harris, County, Texas (in order):
- Spouses
- minor children who have lost a parent
- parents who have lost a minor child
- adult children who have lost a parent and
- parents of an adult child
Each Family Member Can Have Their Own Attorney
Wrongful death lawsuits can be brought by spouses, parents, or children in Texas. All family members do not have to have the same Houston wrongful death attorney. Having several different attorneys in wrongful death cases can often be an option if there is a conflict or the case is complex.
Wrongful death settlements are paid to family members, like surviving spouses. And include much more than burial expenses. Some attorneys seek to invent a wrongful death calculator, and in our opinion, those tools are not accurate or helpful. Contact a Houston wrongful death lawyer for a FREE Consultation.
Contact a Leading Wrongful Death Attorney Right Away
If you have questions about wrongful death in Texas, call the Baumgartner Law Firm and talk with an experienced wrongful death lawyer. Call 281-587-1111.
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Accordingly, our practice is limited to cases involving substantial injury or a family who has lost a loved one. We have gained a reputation for handling 18-wheeler truck accidents, car and drunk driving crashes, daycare injury cases, and other serious injury and wrongful death matters. To learn more about the cases we cover, visit our practice areas page.
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For the last 35 years, we have concentrated on maximizing our client’s compensation in serious injury and wrongful death cases. If you are looking for the best personal injury lawyers in Houston – Call us! (281) 587-1111.
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