How are Wrongful Death Settlements Determined in Texas?
After losing a family member or loved one, it can be a difficult time to navigate the right steps to follow. Not only are you dealing with emotional hardship, but you and your family may have to face financial hardships. Filing a claim with an El Paso personal injury lawyer is exactly what you need to get through your financial hardship. But first, we start by helping you understand the basics when it comes to determining wrongful death settlements in Texas.
Who Can File for Wrongful Death in Texas
To file a wrongful death claim in Texas, there are some requirements that the individual must meet, including providing proof of the following:
- The defendant had a duty of care
- The defendant violated their duty
- The defendant’s breach of duty caused the death
- The claimant has damages due to the victim’s death
Overall, the claimant and their lawyer have to show that the victim died due to the wrongful or negligent actions of the defendant. Following up, they have to prove that the negligent party is responsible for the death.
The Average Settlement for Wrongful Death
Despite estimates you may find online or elsewhere, there is no definite average of wrongful death settlements in Texas. Every case or claim is different. Not only that, but many claimants may make their cases private, which means the data is not accessible for every claim. That being said, there is no true way of finding an average settlement for wrongful death in Texas.
Factors that Determine Texas Wrongful Death Settlements
There are several factors that a lawyer and the claimant can run through to determine the defendant’s liability for wrongful death. Most of the factors fall into three different categories including economic, non-economic, and punitive damages. Something to keep in mind is that punitive damages are much rarer and harder to determine in wrongful death settlements.
Economic Damages
Economic damages are tangible losses incurred by the claimant due to the death of the victim. These damages typically include:
- Medical costs before death, during treatment
- Funeral costs
- Loss of earnings
- Loss of medical coverage
- Loss of inheritance
The amount of economic damages, just like the settlement overall, depends on several factors of the victim, such as:
- Age
- Education status
- Career status
- Household role
Non-Economic Damages
Non-economic damages are in the intangible losses that were carried onto the claimant. These losses vary greatly from case to case. They cannot be easily determined with a wrongful death settlement calculator because each claim is different when it comes to these damages.
Non-economic damages include but are limited to:
- Loss of companionship
- Loss of consortium for the spouse of the deceased
- Loss of care protection
- Mental impairments
- Pain and suffering
Punitive Damages
While they are rarely ever seen in wrongful death settlements in Texas, it is still important to understand these damages.
These damages are usually issued to directly punish the defendant for especially negligent or intentional behavior rather than compensate the claimant for damages. Texas is one of the very few states that consider punitive damages in a wrongful death claim.
Meeting the Burden of Proof
To meet the burden of proof, the strongest evidence includes some of the factors we mentioned earlier:
- The defendant had a responsibility to issue care
- The defendant violated their duty
- The breach of care led to the death
The burden of proof, as defined by the Cornell Law School, is meant to describe “the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established.”
Get Started on Your Claim with Our El Paso Wrongful Death Lawyers
Meeting the burden of proof and going through with your claim can be done with legal guidance and knowledge from a professional. Get in touch with our wrongful death lawyers in El Paso by calling us to learn more about how we can help.