Losing a loved one is devastating—emotionally and financially. While we know there is no such thing as a “fair settlement” when it comes to a wrongful death claim, surviving family members should not be forced to bear the costs alone.
In Texas, a typical wrongful death case might settle for around $500,000. However, there’s really no such thing as an average settlement. Each situation is unique, and your specific case may be worth less—or substantially more.
In this blog post, we will take a closer look at wrongful death settlements in Texas, including what damages you can claim, how juries decide how much to award (and how that influences what insurance companies offer), and some examples of wrongful death claims Crosley Law has settled in the past.
What damages can you claim in a wrongful death lawsuit?
Although a wrongful death claim is similar to a personal injury claim in some ways, the damages are different. While a personal injury claim is intended to provide compensation for the injury victim directly, a wrongful death claim compensates surviving family members for the losses they experience.
Broadly speaking, wrongful death settlements can include:
Economic damages. These directly compensate loved ones for the financial costs of losing a loved one. Examples include:
- Lost earnings and income your family member would have provided to support the family
- Other forms of lost financial support (medical benefits, pension plans, inheritance, etc.)
- The value of lost household services such as cleaning, cooking, childcare, and transportation
- Funeral and burial expenses
- Medical expenses incurred after the injury but before death
Non-economic damages. These compensate loved ones for losses that don’t have a specific monetary value. Examples include:
- Emotional pain and distress suffered by surviving loved ones
- Loss of love and companionship
- Loss of care, guidance, and advice
Punitive damages. If the person or party responsible for your loved one’s death acted especially recklessly or maliciously, a jury might award punitive damages. These are “above and beyond” damages primarily meant to punish the at-fault party rather than compensate family members for specific losses.
Five factors that drive wrongful death settlement amounts
Simply knowing what wrongful death damages you can claim doesn’t quite tell the full story. You need to understand how insurance companies and juries value and calculate losses. Here are five of the most significant factors they may consider:
- The amount of economic losses. Age and income often play large roles here. If your loved one had a great job, many working years left, substantial retirement and investment accounts, etc., then the economic losses will likely be substantial. If your loved one was a retiree with adult children, their death will likely cause less financial hardship for family members.
- Family relationships. In Texas, eligible beneficiaries of a wrongful death suit include the deceased person’s spouse, parents, and children. The number and strength of these relationships can significantly impact total financial compensation. For example, if your loved one had a spouse and close, loving relationships with their young children, juries will likely award more substantial compensation for non-economic losses. On the other hand, an adult child of the deceased with a more distant relationship might obtain less.
- How clear the liability is in the case. Is it crystal clear that your loved one’s death was caused by someone else’s negligence? Or is there an argument that your loved one might have been partially responsible? Cases where the other party is clearly at fault tend to get higher settlements. Further, if your wrongful death case goes to court, a jury could find your loved one partially at fault and reduce the wrongful death lawsuit payout according to Texas’ comparative negligence laws.
- Amount of insurance coverage available. Most wrongful death claims are paid by insurance companies, and each insurance policy has a coverage limit for how much it will pay. For example, if your loved one was killed in a car crash and the driver was only carrying the minimum liability coverage of $30,000 per person and has no other assets, then $30,000 might be all you can recover (unless additional sources of insurance coverage are available).
- Aggravating facts. Settlement amounts are often a reflection of how much the insurance company thinks a jury would award if the case goes to trial. Juries are given a lot of leeway to determine fair compensation, and they are likely to award higher damages if the defendant is less sympathetic. For example, if your loved one was killed by a drunk driver or a trucker who was violating federal rules, the amount you can get in a settlement will probably be higher than if the defendant simply made an “innocent mistake”—even if the outcome for your loved one was the same either way.
Examples of wrongful death cases handled by Crosley Law
The Crosley Law team has obtained several significant settlements and verdicts for the families of people killed in car crashes, workplace accidents, and other incidents outside their control. Here are just a few examples of wrongful death lawsuits we’ve won over the years:
- We won a $28 million trial verdict for the family of a man who was killed when struck by a severely intoxicated driver while working on his car. His wife, who was with him at the time, was also seriously injured.
- We negotiated a $9 million settlement for the mother of a young woman who was killed by a truck driver who ran a red light. The trucker had lied to police about what happened and the young woman was initially blamed for the crash. Our investigation revealed the truth.
- We negotiated a $4.5 million settlement with Bexar County after a 6-year-old boy was mistakenly shot and killed during a police operation involving excessive use of force against a non-violent individual.
Of course, not every case is worth millions. However, our San Antonio wrongful death lawyers carefully evaluate all the relevant factors and fight for the best possible outcomes for our clients.
Wrongful Death Settlement FAQs
Who can file a wrongful death claim in Texas?
In Texas, under most circumstances wrongful death claims can only be filed by the spouse, children, or parents of the deceased individual. If no eligible beneficiaries come forward within three months of your loved one’s death, then the personal representative (also known as an executor) of your loved one’s estate can file a claim, unless all eligible beneficiaries deny permission to do so.
What if my loved one was partly at fault?
As noted above, cases where responsibility isn’t crystal clear tend to get lower settlement offers from the insurance company and may be more likely to go to trial.
In a trial, the jury can assign a portion of blame to multiple parties. For example, they could determine that your loved one was 30% at fault.
Under Texas’ comparative negligence laws, families can only obtain compensation if their loved one was 50% or less at fault for the incident that caused their death. Furthermore, if your loved one was between 1% and 50% at fault, their damage claim would be reduced by their percentage of fault. In the scenario above, $1 million in damages would be reduced to a $700,000 verdict if a jury found your loved one 30% at fault.
Are wrongful death settlements taxed?
In most cases, the answer is no. The IRS does not consider compensatory damages from personal injury or wrongful death claims income, so they are not taxable.
An exception would be if your wrongful death lawsuit resulted in any punitive damages being awarded. Because these damages are not technically compensation for losses, that portion of your compensation would be considered taxable. Do note that punitive damages are awarded by juries, but cases that settle before trial typically don’t include them.
Are there any caps on wrongful death damages in Texas?
In most cases, there is no maximum amount of compensation that can be awarded in a Texas personal injury lawsuit.
The main exception is wrongful death cases against a government entity. Under Texas law, payouts for personal injury or wrongful death claims against a state or municipal government are limited to $250,000 per person (and $500,000 per incident if multiple people are injured or killed). Claims against government entities other than the state or a municipality have even lower limits ($100,000 per person, $300,000 per incident).
Additionally, Texas has caps for non-economic damages that can be awarded in medical malpractice claims, as well as for punitive damages in any wrongful death case. However, economic damages are not limited in these types of claims.
How much does a wrongful death lawyer cost? Do I really need to hire one?
The wrongful death attorneys at Crosley Law work on a contingency basis. That means you owe nothing up front and you never pay out of pocket. Our attorney fee is taken as a percentage of the amount we win in a settlement or verdict, and if we do not win you owe us nothing.
While there’s no legal obligation to hire a lawyer, a skilled wrongful death attorney is a huge asset for grieving families. Even in the midst of tragedy, insurance companies are not motivated to pay large claims—they are incentivized to protect their bottom line. In addition to getting much higher settlements on average, an attorney can help you navigate the complex, frustrating legal process and give you and your loved ones peace of mind during an extremely difficult time.
How much time to do I have to file a wrongful death claim?
In most cases, family members must file a wrongful death lawsuit within two years of their loved one’s death. Claims against a government entity may have an even stricter timeline. The deadline may also be delayed in certain circumstances.
In any case, we strongly urge you to speak with an experienced wrongful death attorney as soon as possible. It takes time to build a successful case, and critical evidence may even disappear before you have a chance to collect it.
RELATED POST: What Is the Wrongful Death Statute of Limitations in Texas? | Crosley Law
Need help? Call Crosley
No one should have to go through this experience alone. Since 2005, the Crosley Law Firm has worked tirelessly to help grieving family members get accountability, closure, and the financial compensation they deserve so they can move forward.
To schedule a free consultation with a Texas wrongful death lawyer at Crosley Law, call our office today at 210-LAW-3000 | 210-987-8506 or fill out our brief contact form.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
