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Wrongful Death Lawsuit Settlement Amount
Wrongful Death Lawsuit Settlement Amount
Wrongful death settlements are often larger than most types of personal injury settlements. The main reason for this is that the costs that result from a wrongful death are basically unquantifiable. No amount of money can bring the victim back to life, but the loved ones or family of the deceased still have to bear financial stresses related to the wrongful death. A resourceful lawyer can help you understand and answer your questions about the legal issues concerning wrongful death compensation.
Wrongful Death In Texas
Any death resulting from a wrongful act, lack of skill, neglect, or carelessness of another party is wrongful death in Texas. For example, if a driver that is under the influence causes an accident that results in the death of another person then that is a wrongful death case. The assumption is that had the driver been sober and cautious while driving, the death would never have happened. A party can face a wrongful death lawsuit for death resulting from:
- Medical malpractice
- Truck accident
- Distracted driving
- Defective products
- An explosion
- Failure to maintain a motor vehicle
There Is No “Average” For Wrongful Death Settlement Amount
You cannot quantify the death of a human being and that is why you cannot come up with an estimate for your wrongful death case. There are cases where people got millions in compensation while there are others that got several hundred thousands of dollars. The reason for this is that each wrongful death case is different, which means that the settlement amount is determined by several factors. These factors can be such things as the victim’s age, the type of accident, the earning potential of the victim and more. To receive the full value of your wrongful death claim, you need to hire an experienced wrongful death lawyer to negotiate with insurance companies on your behalf.
Damages In A Wrongful Death Lawsuit
Surviving children, parents or spouse of the decendent can recover compensation for losses incurred by the decendent after the accident happened. The damages available in a wrongful death case include the following:
- Loss of comfort, love and companionship
- Loss of earning capacity of the decendent
- Loss of inheritance
- Pain and mental anguish suffered by the children, parents or spouse of the decendent
Survivors can also seek punitive damages against the at-fault party to punish that party for being negligent.
Filing A Wrongful Death Lawsuit
Before filing a wrongful death case, consult a lawyer for advice. These types of cases tend to be complex and require a lot of evidence. However, not just anyone can file a wrongful death lawsuit. You have to be the surviving spouse, child, or parent of the deceased to file. An adoptive parent can file a wrongful death lawsuit but a sibling of the victim cannot file. In Texas, you are required to file a wrongful death lawsuit within two years of the decendent’s death. You need to consult a lawyer as soon as possible to give the lawyer time to gather evidence that can help you build a solid case.