What Is the Average Wrongful Death Settlement?
Every wrongful death case is unique, so assessing average case values is not very beneficial. Instead, each case must be evaluated based on the facts and circumstances surrounding that particular case.
Wrongful death settlements can range from a few thousand to millions of dollars, depending on the situation. Keep reading below to learn more about the factors that affect wrongful death settlements and how you can determine how much compensation might be available if you have lost a loved one.
For more information, contact Stephens Law Firm, PLLC at (817) 420 7000
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Why Choose Stephens Law Firm, PLLC for Your Wrongful Death Case in Fort Worth?
Losing a loved one unexpectedly is devastating—and pursuing justice can feel overwhelming. At Stephens Law Firm, PLLC, we have spent over 25 years helping families in Fort Worth navigate the legal challenges that follow fatal accidents. Our firm has recovered more than $300 million for clients, and we’re committed to holding negligent parties accountable.
We’re led by a nationally recognized trial attorney who has earned honors from Super Lawyers, Best Lawyers in America, and The National Trial Lawyers Top 100. Our founding lawyer is also a proud member of the Multi-Million Dollar Advocates Forum and has received a perfect 10.0 Avvo rating as well as Martindale-Hubbell’s prestigious AV Preeminent distinction.
If you’re seeking compassionate legal support with a track record of results, we’re here for you. Contact our Fort Worth wrongful death attorneys today for a free, no-obligation case review.
What is a Wrongful Death Lawsuit?
Texas law defines when a wrongful death suit may be brought, and it also specifies who may bring a wrongful death lawsuit. According to the law, a wrongful death action may be brought if an individual’s death is caused by someone else’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
Generally, the surviving spouse, child, or parent of the deceased may bring a wrongful death claim. If none of these family members are living, the claim may be brought by the executor of the deceased’s estate.
What Are the Common Causes of Wrongful Death Lawsuits?
These claims often occur after:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Intentional torts, such as homicide
These types of incidents often lead to tragic losses, and a wrongful death claim allows surviving family members or representatives to seek justice and financial compensation.
What Do You Need to Prove in a Wrongful Death Lawsuit in Texas?
There are four elements that must be proven in a successful wrongful death claim, including:
- Duty of care: The defendant owed the victim a responsibility to act in a reasonable manner.
- Breach of duty: The defendant acted outside of the accepted standard of care.
- Causation: The defendant’s conduct was both the direct and proximate cause of the victim’s death
- Damages: The surviving family members must have suffered some measurable damages.
The burden of proof is on the plaintiff in these cases, and a preponderance of the evidence must prove these elements.
How Much Is My Wrongful Death Case Worth?
You already know that every wrongful death case is unique. However, the factors that affect the value of your claim are generally the same from one case to the next.
Some of the factors that must be assessed as part of a wrongful death settlement are:
- The total cost of funeral and burial expenses
- The deceased’s income and earning potential
- The age and health of the deceased prior to the accident
- How the surviving family members have been affected emotionally
- Whether the deceased shared any fault for the accident
- The amount of insurance coverage available
The list of factors influencing your settlement amount can be much longer than this. Any financial, physical, or emotional loss suffered by the family must be considered. Additionally, the available insurance coverage may also play a significant role in your settlement. The more insurance coverage available, the more your claim could potentially be worth.
Damages Available in Wrongful Death Claims
In a wrongful death claim, the family is entitled to recover both economic damages and non-economic damages. In rare cases, punitive damages might also be available.
Economic Damages
Economic damages are those that compensate the victim’s family for their financial losses, and some common examples include:
- Medical bills for final medical treatments
- Funeral and burial expenses
- Future lost wages
- Lost benefits
- Property damage resulting from the accident
- Loss of potential inheritance
These damages aim to ease the financial burden left behind after a tragic loss and help the surviving family members maintain financial stability.
Non-Economic Damages
While these expenses can rise into the tens of thousands of dollars, the non-economic damages in a wrongful death case are usually worth even more. These damages compensate families for their intangible losses, such as the loss of love and care from their deceased loved one.
Some examples of these damages are:
- Loss of consortium
- Loss of companionship
- Emotional distress and mental anguish
- Loss of parental nurturing
- Psychological effects of the loss, such as depression or PTSD
- Loss of family support
Negotiating the value of these non-economic damages is often a large part of settlement negotiations. An experienced personal injury lawyer can help put an accurate value on all your damages so that you can ensure you are getting a fair settlement.
How Long Do I Have to File a Wrongful Death Lawsuit?
In Texas, you generally have two years from the date of death to file a wrongful death lawsuit. Failure to file your claim before the deadline can cause you to lose all your rights to recover compensation.
Waiting too long can also affect your ability to obtain a settlement. Since the threat of a lawsuit can be used as leverage in settlement negotiations, failure to file your claim on time may also prevent you from getting a favorable settlement.
Contact Our Fort Worth Wrongful Death Lawyers Today for a Free Consultation
If you have lost a loved one due to someone else’s negligence or intentional behavior, contact the experienced team at Stephens Law Firm, PLLC today. Let us help you through this difficult time by handling every detail of your claim.
Contact us now to schedule a free consultation with a Fort Worth wrongful death attorney, and let us use our experience to help you.
