Families pursue wrongful death claims for many important reasons, such as justice, closure and holding a wrongdoer accountable. A wrongful death lawsuit in Dallas can also provide financial compensation to surviving family members, enabling them to pay related debts and have greater financial stability in the future. If a claim succeeds, the family can receive a wrongful death settlement from the insurance carrier of the at-fault party.
What Does a Wrongful Death Settlement Include?
Holding a person or entity financially responsible for causing a fatal injury in Texas can lead to a settlement check that covers many economic and noneconomic damages. Surviving family members and the estate can recover financial compensation for losses such as:
- Reasonable funeral and burial costs
- Medical bills from the decedent's final injury
- Loss of the loved one’s financial support
- Loss of inheritance
- Property damage caused by the accident
- The decedent’s pain and suffering
- The family’s mental anguish
- Loss of the loved one’s love, companionship and guidance
The value of a wrongful death settlement or judgment award will depend on the unique circumstances of the case. A deceased person's age at the time of death, average income, the insurance coverage available, the number of dependents and many other factors can impact a settlement amount.
Lump-Sum vs. Structured Settlement
There are two types of settlements: a lump sum payment and a structured settlement. A lump sum means the full amount of the settlement is paid out at once, giving the deceased person’s estate or beneficiaries a single lump-sum payment. The family can use the money right away to pay for funeral and burial costs, as well as medical bills and legal fees.
With a structured settlement, the deceased person’s estate receives the settlement a portion at a time over several weeks. Ongoing payments given to surviving family members can provide continuous support for a longer length of time after the loved one’s death. However, a structured settlement could make it more difficult to pay large bills upfront.
How Long Does it Take to Receive a Wrongful Death Settlement Check?
The answer to this question depends on the facts and circumstances of your case. Some wrongful death settlements are achieved in only a matter of months if there are no complications. Others take a year or longer if they go to trial. Your timeline will depend on the complexity of the wrongful death case, as well as if you encounter any challenges that add time to the settlement.
Who Receives the Money?
Once an insurance company releases a settlement check, the money will go to surviving loved ones, according to Texas law. A settlement will be distributed among beneficiaries according to the family’s wishes or the laws of intestate succession. In general, parties that can make a claim to wrongful death settlement include a surviving spouse, children and parents. The deceased person’s estate may also receive part of a settlement to pay off any remaining debts.
Do You Have to Pay Taxes on a Wrongful Death Settlement?
According to the Internal Revenue Service, a family typically does not have to pay taxes on a wrongful death settlement. Since settlements arise from physical injuries or illnesses, they are nontaxable. However, if the settlement includes a portion for medical bills that you deducted on your taxes in a previous year, a portion for emotional distress or a portion for punitive damages, your family may have to pay taxes on that portion.
How a Lawyer Can Help With a Wrongful Death Settlement
It is important to work with an attorney for a wrongful death settlement. With rare exceptions, once you accept a settlement and decide how you wish to receive it, you cannot change the terms of the agreement. A lawyer can make sure you receive a fair amount and choose the best payout type for your situation. A lawyer can also help you organize your settlement for tax purposes. Learn more about wrongful death settlements by consulting with an attorney.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers