Losing a loved one is devastating under any circumstances, but losing a loved one because of someone else’s wrongdoing or negligence can be especially tragic. The loss becomes even more profound if you depend financially on that person.
You may find yourself contemplating filing a wrongful death lawsuit and wondering who is entitled to receive the compensation. At Kolodny Law Firm, we compiled this blog to help answer those questions.
Who Gets the Money in a Wrongful Death Lawsuit?
Who gets the money in a wrongful death lawsuit varies among states. In Texas, exclusive beneficiaries are the only people entitled to a wrongful death payout. Texas is considerably stricter than other states. Eligible beneficiaries in Texas are limited to:
The Surviving Spouse
The deceased’s surviving spouse is one of the few eligible beneficiaries of a wrongful death lawsuit and one of the few individuals who can initiate a claim.
The surviving spouse includes legally married partners and those who meet common law marriage requirements under Texas law. However, you must still be married at the time of their death. In other words, if a divorce is finalized before the deceased dies, then the ex-spouse is no longer eligible.
The Surviving Children
The surviving children, biological or legally adopted, of the decedent can file a wrongful death claim and are eligible beneficiaries. Typically, step or foster children are not eligible unless, for instance, the step-children were legally adopted.
The Surviving Parents
Similarly, as with surviving children, surviving parents are eligible for wrongful death beneficiaries if they are the decedent’s legal parents (i.e., biological or adoptive parents). Step and foster parents do not qualify for wrongful death compensation.
In Texas, other family members such as grandchildren, grandparents, siblings, and other individuals considered next of kin are not eligible for wrongful death damages.
This is a strict standard in comparison to most other states, which allow these next-of-kin individuals to receive money from wrongful death lawsuits. The result is often significant financial hardship for non-traditional families that lose a loved one.
For example, if an older sibling is raising a younger one, the younger sibling will not be able to file a wrongful death claim, even if they are financially dependent on their deceased older sibling. The same is true for grandparent caregivers raising their grandchild.
How a Wrongful Death Case Proceeds in Texas
A wrongful death lawsuit proceeds in the same manner as other personal injury claims. Generally, the only difference lies in who is initiating the lawsuit. The burden of proof rests on the plaintiff to establish the elements of the claim.
If a defendant’s negligent, intentional, reckless, or criminal actions cause your loved one’s death, you may be entitled to damages. Most wrongful death matters rely on a theory of negligence. In other words, the defendant’s negligent conduct caused the deceased death. So, how do you prove it?
You must establish four elements:
- The defendant owed the decedent a reasonable duty of care;
- The defendant breached that applicable duty;
- The defendant’s breach caused the decedent’s death, and
- As a result, you suffered financial loss.
Your attorney will help you collect evidence to establish the connection between the defendant’s conduct and your loved one’s death.
What Types of Damages Can Surviving Family Members Recover in a Settlement for Wrongful Death?
Now that you know who gets the money in a wrongful death lawsuit, you probably wonder what compensation you might receive.
Generally, a wrongful death beneficiary is entitled to the damages the decedent would have received had they survived and filed a personal injury action.
These include economic and noneconomic damages.
Economic Damages
Damages meant to compensate the beneficiary for their financial losses as a result of losing their family member include:
- Medical expenses from the time of injury until the decedent’s death, such as emergency room bills, surgery, and hospitalizations; and
- Lost wages from when the decedent was rendered unable to work until the day they died.
These are typically straightforward to quantify by adding pay stubs, bills, receipts, and invoices.
Noneconomic Damages
Noneconomic damages compensate the surviving family member for the intangible losses from losing their loved one. These include:
- Pain and suffering,
- Emotional turmoil,
- Loss of parental guidance,
- Loss of companionship, and
- Loss of consortium.
These damages can vary significantly from case to case because they are subjective and personal to the individual. For instance, the pain and suffering one person feels after losing their spouse may be drastically different from that of another similarly situated individual who also lost their spouse.
Additional Wrongful Death Damages
Many of the damages discussed thus far apply to both wrongful death and personal injury claims. However, certain unique damages may be available in a wrongful death lawsuit, including:
- End-of-life expenses,
- Funeral and burial costs,
- Lost anticipated inheritance,
- Lost anticipated earnings,
- Lost value of childcare and childrearing, and
- Lost value of household services.
One of the most significant wrongful death damages you may be entitled to and should fight for is lost anticipated earnings of the decedent. These are especially important if you are financially dependent on your loved one who died.
For instance, a surviving spouse or child who relied on their spouse or parent as the financial provider will experience substantial hardship because of that lost future income.
Calculating anticipated future earnings is complex and almost always challenging for the insurance company and defendant. It is difficult to predict what someone may have earned throughout their lifetime, but there are several factors you can analyze to gain a better idea. These include:
- The descendants age when they passed,
- If they had any pre-existing medical conditions,
- In the industry they worked in,
- How many more working years they were expected to have (i.e., close to retirement or at the start of their career),
- The financial needs of their dependent children and spouse.
While it can be challenging to quantify and estimate wrongful death damages, you are nevertheless entitled to them as the beneficiary. A qualified lawyer can help you see your claim through to success.
Call (713) 532-4474 or complete a Free Case Evaluation form
Contact a Houston Wrongful Death Lawyer for a Free Consultation
At Kolodny Law Firm, we have the experience and resources to help you seek the wrongful death damages you deserve. In the last five years alone, we have secured over $3.5 million in client awards. Contact us today to schedule a compassionate and complimentary consultation.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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