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

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 gets the money in a wrongful death lawsuit in Texas?

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 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, 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 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.

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 goal of a Houston wrongful death lawsuit is to give money to the family members left behind. Wrongful death compensation can include:

  • Loss of financial support: This means losing the money that the deceased person earned. It also includes benefits and other financial help they would have provided to their family during their life.
  • Loss of companionship and support and loss of consortium: The family members left behind may receive compensation. This is for the love, companionship, and guidance they lost from the deceased person.
  • Mental anguish: Losing a loved one can cause deep emotional pain. The family members left behind may deserve compensation for their 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 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.

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

 

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:

  • 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 get 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 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.

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 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 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 40 years.

Baumgartner Law Firm

(281) 587-1111

6711 Cypress Creek Pkwy, Houston, TX, 77069

Post under: Wrongful Death
Houston personal injury lawyers
Greg Baumgartner, Founder of Baumgartner Law Firm

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.


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

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