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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 gets the money in a wrongful death lawsuit in Texas? This article written by Houston wrongful death attorney Greg Baumgartner answer that question.
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 case. It is filed by the close family of someone who has died. This death must be due to someone else’s carelessness or intentional actions. Wrongful death cases can include situations such as car accidents, medical malpractice, workplace accidents, construction site 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 deciding who gets compensation in a wrongful death lawsuit, we need to know who can 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 goal of a Houston wrongful death lawsuit is to give money to the family members left behind. Wrongful death compensation can include:
In Texas, the money from a wrongful death lawsuit is shared among the beneficiaries. This is based on their relationship to the person who died. Each person has a stand-alone claim for their losses from the death of their family member.
A Texas jury can hear the evidence. They will decide how much money to give 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 40+ 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 get 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 decided that the spouse would get half of the settlement. The minors will each receive a quarter by buying an annuity. This annuity will pay them 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 decided that the mother would get 20% of the money. Each child would receive 40%. This money was used to buy a structured settlement.
An adult child was killed in a car accident. The child was very close to her mom and talked to her every day. However, she had no contact with her dad. He lived out of town and had not spoken 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 shared among the beneficiaries based on their relationship to the deceased. A judge, jury, or the claimants can decide this 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 40 years.
6711 Cypress Creek Pkwy, Houston, TX, 77069
Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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