When survivors are contemplating filing a wrongful death claim, one of their top questions is about average settlement or jury claim amounts. You may want that information to help you decide whether or not you want to pursue a wrongful death claim. While a lawyer can provide you with average figures for Houston wrongful death settlements, those estimates may not reflect the facts of your specific case.
Wrongful death settlements and jury awards depend on the individual losses and the economic and non-economic losses that survivors can demonstrate. Understanding those factors can help people get a better estimate of potential settlements in their wrongful death claims.
Factors Influencing Wrongful Death Settlements
Wrongful death settlements attempt to place a value on a person’s life. So, the role that the person played in the lives of their loved ones can influence the amount of that settlement. Some factors that can influence a case include the circumstances of the death, whether the deceased contributed to their death, and the deceased’s earning capacity.
The first thing to consider is the economic loss resulting from the deceased’s death. What do they earn? How old are they? How much longer would they have worked? What are the funeral expenses? How many dependents did the deceased have? Are there outstanding medical bills? Answering these questions helps a Houston attorney estimate a wrongful death settlement range.
It is also vital to consider the non-economic factors linked to the death. What types of benefits have the survivors lost because of the death? What was the relationship between the parties?
Not all of the factors that can influence a settlement or award are based on the deceased or the accident. The jurors and the judges can also influence the amount of an award. An attorney will use their knowledge of particular judges to help them shape estimates of potential claim amounts in court.
Understanding Settlements in Wrongful Death Cases
Under Texas Civil Practice & Remedies Code § 71.002, wrongful death refers to any death that is the result of carelessness, neglect, lack of skill, default, or willful action. Both acts and omissions can lead to wrongful death claims.
When a survivor files a wrongful death claim, there are multiple potential resolutions. The case can be settled before the court. When there is substantial evidence of negligence or if the deceased looks favorable, the defendants may want to settle before they go to court. Settlement amounts are often lower than what someone would get in a jury award, which can lead some people to wonder why they would ever accept a settlement.
However, settlements have plenty of benefits. First, many families were financially dependent on the deceased. They may be suffering economically, which can make a speedy settlement appealing. Next, settlements are guaranteed—even if the value of the claim is probably higher, there is no guarantee that a court will rule in the survivor’s favor. Finally, it may be worth settling the suit in order to facilitate emotional processing.
Talk to An Attorney About Houston Wrongful Death Settlements
Dealing with the loss of a loved one is stressful and frustrating enough without having to deal with a lawsuit as well. You may also be experiencing substantial and immediate financial need. Settlements are a good option for people who want justice for their loved ones but also want to resolve the issues as quickly as possible.
Determining whether a settlement is the right option for you depends on several factors. First and foremost, it can be essential to have an attorney assess the value of your Houston wrongful death settlement. You can compare that range to any offered settlements, which can help you determine whether to accept or reject an offer. Reach out today to learn more.
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