Wrongful Death Lawyer

Wrongful Death Lawyers Of Texas

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Who Gets The Money In A Wrongful Death Lawsuit In Texas?

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Have you lost a loved one due to someone elses negligence?

Speak with a wrongful death lawyer today to discuss how to get justice for your case.

Call the wrongful death lawyers you can trust to fight for the justice and compensation that you deserve.

Wrongful Death Lawyers Of Texas will fight for the largest verdict or settlement possible.

Wrongful Death Benefit Recipients In Texas

To file a wrongful death claim or lawsuit in Texas, you must have a qualifying relationship to the deceased individual as defined by the law.

Aside from the decedent’s spouse, children, and appointed executor, other individuals may be eligible to seek compensation under specific circumstances. These may include adopted children and common-law spouses, subject to certain conditions. However, siblings are not permitted to pursue compensation.

If the loss of your loved one has created a financial burden for you, particularly if you were dependent on their income, it may be worthwhile to consult with a personal injury lawyer from our firm. We can evaluate whether your relationship to the deceased satisfies the criteria outlined by Texas law, enabling you to seek civil action for their death.

How Are Wrongful Death Settlements Distributed?

The distribution of a wrongful death settlement is dependent on the individuals involved, and more than one party may receive compensation. For example, the settlement amount received by a spouse may be greater than that received by a surviving child due to their different relationships with the deceased.

If the recipient of the settlement is a minor or an incapacitated adult, a trust must be established to manage the funds until they are legally able to receive them. Additionally, any outstanding debts owed to medical providers and hospitals may be paid off before the remaining settlement amount is distributed.

Determining how to divide a wrongful death settlement can be complicated, involving multiple parties and considerations. A wrongful death lawyer can help ensure that your interests are protected and that you receive an equitable share of the settlement.

Money You Might Be Awarded In A Wrongful Death Claim

Determining the exact amount of compensation in a wrongful death lawsuit is not a straightforward task. The amount of compensation awarded will depend on various factors, such as the extent of damages and the circumstances surrounding the case. Additionally, the amount of compensation that can be collected from the defendant will also play a role in determining the final amount. For instance, in a car accident case, if the defendant has liability coverage of $100,000 or less, that may be the maximum compensation available. Conversely, a large corporation that produced a defective product may be liable for much more. Awards in wrongful death lawsuits can range from tens of thousands to hundreds of thousands of dollars and sometimes even more.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 294-2981

How Are Wrongful Death Lawsuits Paid Out?

Compensation in wrongful death lawsuits is distributed according to the surviving family members of the deceased individual. For instance, if the deceased person was married but had no children or parents, the entire settlement goes to the spouse. If there are children but no spouse, the compensation will be divided equally among them. If there are surviving parents but no spouse or children, the parents will share the compensation equally.

In cases where the deceased person had a spouse and children, the spouse will receive the first $30,000 of the settlement and half of the remaining amount. The other half will be divided equally among the children. Similarly, if the deceased person had a spouse and parents but no children, the spouse will receive the first $30,000 and half of the remaining amount, while the parents will divide the other half.

It is worth noting that compensation in wrongful death lawsuits is paid directly to the survivors and is not subject to inheritance, estate, or income taxes.

How Does A Wrongful Death Settlement Work?

To understand how a wrongful death settlement operates, it is crucial to comprehend the types of damages that can be obtained. Dependent spouses and minor children are eligible to recover for lost financial support, while adults can only receive financial support from deceased family members if they can prove a reasonable expectation of such support. Evaluating the loss of financial support often requires a financial analysis of the deceased person’s earning capacity and potential contributions to the claimant’s support, which may require the assistance of expert accountants.

All wrongful death claimants can recover for mental anguish and loss of companionship and society, which are considered non-economic damages that depend on the quality and depth of the relationship with the deceased. The amount of damages awarded may differ depending on the closeness of the relationship with the deceased. Some claims, such as medical malpractice death claims, have caps on non-economic damages, while others are not limited.

Apart from wrongful death claims, certain claims may be asserted by the estate, such as medical expenses, conscious pain and suffering, and funeral expenses. Wrongful death claims can be filed in state district court or county probate court, depending on the nature of the case.

The Damages Available To Family Members In A Texas Wrongful Death Claim

Under Texas law, the surviving children, spouse, or parents of a deceased individual have the right to pursue compensation for their own losses resulting from the death of their loved one. Additionally, there is a law that permits a “survival action,” which allows survivors to seek compensation for losses incurred by the deceased person after the accident or incident that caused their death. Essentially, this allows a personal injury lawsuit to continue even after the plaintiff’s death. The damages that may be awarded in a wrongful death case in Texas include lost earning capacity of the deceased, loss of inheritance, loss of companionship, emotional pain and suffering experienced by survivors, and the value of household services that the deceased would have provided.

Have You Lost A Loved One Due To Another’s Accidental Or Negligent Actions?

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Do I Need A Wrongful Death Lawyer To Recover Compensation?

Although there is no obligation or legal requirement for individuals who have lost loved ones in an accident to seek legal representation, it is highly recommended. The Texas wrongful death law is complex, and individuals who represent themselves are at a disadvantage compared to defendants who have legal representation.

Many people are hesitant to hire a wrongful death attorney due to concerns about high hourly rates. However, Wrongful Death Lawyers Of Texas offers contingency fee arrangements for all of their wrongful death cases, which means that survivors will not have to pay any legal fees unless they win their case and receive compensation.

Furthermore, our law firm covers all upfront costs related to taking a case to trial, which can be significant, especially when working with expert witnesses. Finally, any legal fees incurred will be deducted from the settlement or award received, so clients will not have to pay for legal representation out of their own pockets.

Wrongful Death Lawyers Of Texas Help Clients Through This Difficult Time

The process and distribution of a wrongful death settlement can be explained by our team at the Wrongful Death Lawyers of Texas. Losing a loved one unexpectedly can greatly impact a family, especially when children are involved. Pursuing compensation through a settlement is not only a way to provide support for the family but also a means to hold the responsible party accountable.

Dealing with the emotions of grief and anger can make it challenging to discuss the circumstances surrounding your loved one’s death. We empathize with your situation and are available to assist you. If you suspect you may have a wrongful death case, complete our online contact form, or call us when you are ready. We are here to help you and your family and provide you with the information you need.

To get started, call Wrongful Death Lawyers Of Texas at (888) 294-2981 to schedule your free case evaluation.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 294-2981

Attorney Advertising. Prior results do not guarantee a similar outcome. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or communications. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established, which will be via a signed, written, retainer agreement. This website contains articles and commentary regarding certain jury verdicts. However, a jury verdict often does not reflect the actual amount that a plaintiff receives. Judges often reduce jury awards. Sometimes Judges add attorneys’ fees and other damages to awards. As a result, final awards or settlements, are often for different amounts than the amount awarded by the jury. Many of the jury awards discussed on the website, ended up being dramatically reduced. The depictions on the website that portray lawyers/clients are models and are not the actual lawyers/clients of the firm. The scenes depicted on this website are fictionalized.