Losing a loved one is a devastating experience, and the pain is often compounded by the financial and emotional hardships that follow. If you’ve experienced the wrongful death of a family member, you may be entitled to seek legal compensation. A wrongful death attorney in Houston, TX, can help you understand your rights and secure the financial support you deserve.
But how are wrongful death settlements calculated? What factors come into play? At Big Tex Injury Lawyers, we aim to guide families through this process with clarity and compassion. This blog will break down the key components involved in calculating wrongful death settlements and how hiring the best personal injury lawyers in Houston can make all the difference.
What Is a Wrongful Death Claim?
A wrongful death claim arises when someone loses their life due to the negligence, recklessness, or intentional actions of another party. Texas law allows certain family members, such as spouses, children, and parents, to file a wrongful death claim seeking compensation for their loss.
Wrongful death settlements aim to provide financial relief for the emotional, physical, and economic damages a family endures after losing a loved one. But calculating these damages is a complex process that involves multiple factors, which we’ll explore below.
Factors That Influence a Wrongful Death Settlement
Calculating a wrongful death settlement is not a one-size-fits-all process. Every case is unique, with its own set of circumstances that influence the amount of compensation awarded. Below are the primary factors that play a role in determining the settlement amount.
1. Economic Damages
Economic damages are the measurable, financial losses resulting from the wrongful death. These typically include the following:
- Lost income and benefits: This includes the deceased person’s current earnings and potential future earnings had they lived to their expected retirement age.
- Medical expenses: Any medical costs incurred before the loved one’s death, such as hospital bills or treatments, are considered.
- Funeral and burial costs: These can be significant, and families are often reimbursed for these expenses through the settlement.
For example, if the deceased was the sole breadwinner for a family in Houston, their projected earnings over the next several decades would be a critical factor in determining the settlement.
2. Non-Economic Damages
Non-economic damages are less tangible but equally important. They account for the emotional and psychological toll of losing a loved one, including:
- Loss of companionship: Compensation for the emotional support and companionship the deceased provided to their loved ones.
- Pain and suffering: This may include emotional anguish experienced by the family due to their loss.
- Loss of parental guidance: If the deceased was a parent, the value of their guidance and mentorship to their children is considered.
While non-economic damages are harder to quantify, they are vital in helping families heal and regain a sense of stability.
3. Age and Health of the Deceased
The deceased’s age and health at the time of their passing also play a role in the settlement calculation. Generally, younger individuals with a longer expected lifespan and earning potential may command higher settlements. Conversely, older individuals or those with pre-existing health conditions may have lower economic damages.
4. Circumstances of the Death
The details surrounding the wrongful death can significantly impact the settlement value. If the death was caused by blatant negligence or intentional misconduct, the courts may impose additional penalties, such as punitive damages. These are meant to punish the liable party and deter similar behavior in the future.
For instance, in a case involving a drunk driving accident in Houston, the at-fault driver may face harsher penalties, resulting in a higher settlement for the victim’s family.
5. Insurance Coverage
The at-fault party’s insurance coverage also affects the settlement amount. If the responsible party has a high liability insurance policy, the settlement may be larger. Conversely, in cases where insurance coverage is minimal, collecting the full compensation amount may be more challenging.
6. Legal Representation
Perhaps one of the most critical factors in securing a fair settlement is having the right legal team on your side. A skilled wrongful death attorney in Houston, TX, can gather evidence, negotiate with insurance companies, and ensure that every aspect of your loss is carefully accounted for.
At Big Tex Injury Lawyers, our expert team has years of experience handling wrongful death claims, and we know what it takes to maximize compensation for our clients.
Why Hire Big Tex Injury Lawyers?
Navigating the complexities of a wrongful death claim can feel overwhelming, especially when you’re grieving. That’s why it’s essential to have an experienced legal team by your side. Here’s why families in Houston trust Big Tex Injury Lawyers to handle their cases:
- We fight for maximum compensation to support your long-term needs.
- We provide compassionate support every step of the way.
- We have a proven track record of success, with a focus on helping families rebuild their lives.
Take the First Step Toward Justice
Losing a loved one is never easy, but you don’t have to face the aftermath alone. If you’re searching for the best personal injury lawyers in Houston to help with your wrongful death claim, Big Tex Injury Lawyers is here for you.
Contact us today to schedule a free consultation and get the answers you need. Together, we’ll fight for the justice and compensation your family deserves.
