A wrongful death in Texas decedent impacts the immediate family of the deceased, including spouse, children, parents, and other beneficiaries. One of the most common questions regarding a wrongful death is how the proceeds of the wrongful death will be divided among the eligible recipients. The division depends on many factors, such as state laws, the last will and testament of the deceased, and agreements among the family. It is important that Texas wrongful death beneficiaries understand these laws to help them in securing compensation available under the law.
What Proceeds Are Available During a Texas Wrongful Death Suit?
First, learn who may file a wrongful death claim in Texas, as well as what types of damages claimants can request. The parties who bear the right to file wrongful death claims are the deceased person’s surviving spouse, children and parents. If you are in this group, you may file individually or your family may file together. The damages available in a wrongful death claim in Texas include funeral and burial costs, lost earnings and benefits, lost inheritance, lost love and companionship, lost care and services, and emotional pain and suffering. Who receives the compensatory award in a wrongful death claim depends on the case.
Who Can File a Wrongful Death Lawsuit?
In Texas, a wrongful death lawsuit can be filed by immediate family members only. It includes a spouse, children, and parents of the deceased, as defined under the Texas Civil Practice and Remedies Code.
Eligible family members include:
- Spouse: Both traditional and common-law spouses.
- Children: Both biological and legally adopted children.
- Parents: Both biological and adoptive parents.
No other relatives, like siblings or grandparents, are accorded the right to file. When the eligible relatives do nothing within the three-month period, and the family has not opposed in writing, the executor may start the proceedings.
This law ensures that only those closest to the deceased recover damages. The guidelines provided by the Texas Attorney General’s guidelines provide that wrongful death claims can include losses consisting of funeral expenses, loss of financial support, and emotional distress, and point out rights and processes available to Texas wrongful death beneficiaries.
What Types of Compensation Are Available?
Texas wrongful death beneficiaries are entitled to recover a number of different types of damages in order to compensate them for their various losses. These damages are of three broad categories:
- Economic Damages:
- One of the basic costs for immediate needs to lay a loved one to rest includes funeral and burial expenses.
- Loss of Income and Earning Capacity of the Deceased. The beneficiaries are entitled to recover the amount of wages they would have received and lost as financial support in support of themselves had the decedent lived.
- Pre-death Medical Expenses. If the deceased person was bedridden prior to the eventual death, this cost can be joined in the claim.
- Non-Economic Damages:
- Mental pain and suffering. The amount awarded because of the intense psychological effect a wrongful death would have on the decedent's family.
- Loss of love, companionship, and support. The damages a family may recover for losses such as loss of guidance, care, and affection.
- Loss of consortium to spouse. Recovery by a spouse for the deprivation of marital relations and partnership.
- Exemplary Damages:
- Also known as exemplary damages, these are those granted on account of the very reckless or malicious action made by the defendant. The idea is to punish the wrongdoer and hopefully prevent or deter such actions from being repeated.
Each form of damages looks to compensate the family for their loss in different ways, and the amount granted also varies based on the deceased's age, potential earning capabilities, and other aspects touching on the extent of negligence involved in the case. The General Services Administration's guidance on filing claims on government negligence grounds outlines certain steps and documents necessary when pursuing compensation.
Who Receives the Compensation in a Wrongful Death Claim in Texas?
Each state has different distribution laws for wrongful death claims. Texas Civil Practice and Remedies Code 71 determines who will receive a portion of the award won during a wrongful death suit in the state. First, the statute gives adult beneficiaries the chance to work out an arrangement among themselves. All beneficiaries must be adults who can compromise and agree on the terms of the division for this strategy to work. State law in Texas is specific in who it sees as beneficiaries after the death of a loved one. It typically names surviving spouses and children as the main recipients.
Most wrongful death claims settle outside of court. If this is the case, adult beneficiaries can decide how to split the proceeds. Should beneficiaries be unable to agree, a lawyer may intervene to help divide the proceeds fairly. Lawyers usually use precedents set by previous wrongful death juries to determine how much to allot each surviving family member. If a wrongful death claim in Texas goes to trial, however, a jury will have the difficult decision as to who will receive how much.
The court will have full discretion over how to divide the proceeds of a wrongful death trial in Texas. Jurors typically give the most compensation to surviving spouses, followed by minor children and parents of deceased minor children. A jury will award compensation to each eligible surviving family member based on the extent of the losses that person suffered. The amount awarded will match how much the loved one lost due to the decedent’s unexpected death.
How Can a Wrongful Death Case Be Proven?
To hold a case of wrongful death in Texas, claimants must be able to prove certain elements of negligence or wrong conduct. It would mean proving that the actions of the defendant are the direct cause of the death.
Key elements to prove:
- Duty of Care: The plaintiff must prove that the defendant owed a legal duty of care to the deceased. The driver has a duty to drive carefully to avoid harming others on the road, and the doctor has a duty to provide appropriate medical standards of treatment. Usually, a contract, a statute, or a professional directive defines this duty.
- Breach of Duty: The plaintiff needs to show that the defendant breached the duty of care. This can be in the form of reckless conduct, such as speeding, failure to follow safety measures, or using the wrong prescription. Evidence may be in the form of eyewitness accounts, video footage, safety reports, or expert testimony.
- Causation: There must be evidence to show that the breach of duty directly caused the death. Generally, this requires establishing a clear relation between the negligent act and the injury. This may call for medical examiners, accident reconstruction experts, or other experts to explain this causation.
- Damages: Establish the financial and emotional losses to the beneficiaries. Examples include funeral expenses, medical bills, lost income, and statements from family members about the emotional suffering caused by the loss of a loved one.
Any case requires evidence to begin with. Evidence may include but not limited to: eye witness' statements, police reports, expert analysis and documenting proof of how the decedent supported his or her family. This proves elements involved to the letter with guarantees for Texas wrongful death beneficiaries rightfully and rightfully being compensated accordingly.
Other considerations are retaining an experienced attorney with deep understanding and expertise in such law. An experienced attorney in wrongful death cases will cut through the labyrinth of procedure, negotiations with insurance providers, and court presentations, using compelling arguments to the fullest benefit of beneficiaries.
When to Hire a Wrongful Death Attorney?
Most families in Texas will benefit from hiring wrongful death lawyers from the very beginnings of their claims. Lawyers know what these cases require and how to maximize a family’s payout. If you work with a wrongful death attorney, he or she can help your family decide how to allocate the funds won in an insurance settlement. Your lawyer can facilitate conversations and compromises to help your family decide how to distribute a settlement among loved ones rather than going to trial. A lawyer can also increase the chances of your family working together on a group lawsuit, rather than each family member hiring his or her own attorney and filing a separate claim.
The right wrongful death lawyer can help you and your family through this difficult time. From letting you know whether you have grounds for a claim to helping you distribute the funds won, your lawyer can take care of difficult and complex tasks for you while you focus on grieving. If you have further questions regarding how to divide wrongful death proceeds in Texas among their beneficiaries, contact an attorney from The Law Firm of Aaron A. Herbert, P.C. today.