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A loved one’s death is always hard, even when it’s expected. But when you lose someone due to another party’s actions or negligence, it can be shocking and life-changing. In addition to grieving for your family member, you might also struggle to make ends meet without their wages or have difficulty paying for estate expenses.
Wrongful death lawsuits are intended to help surviving family members cope with these problems. They are also important for holding people accountable. But when it comes to the monetary value of a wrongful death case, what can you expect? What is the cap on wrongful death lawsuits in Texas?
What are the Types of Wrongful Death Lawsuits?
In Texas, there are several types of cases that are eligible for wrongful death lawsuits. They are:
- Cases that would be eligible for a personal injury claim if the person had lived
- Deaths caused by the carelessness or intentional action of another party
- Injuries that cause the death of a person or fetus
- Medical malpractice
Essentially, almost any situation that resulted in death and was caused by a specific individual or entity can be grounds for a wrongful death lawsuit. To receive compensation in these cases, the surviving family members must prove that the death occurred due to negligent or intentional acts.
Is There a Cap on Wrongful Death Compensation?
Each state has its own compensation caps for wrongful death cases. In Texas, it depends on the type of case and the reason for the compensation. There are three main types of damages the court may award:
- Economic–to pay for medical bills, lost wages, and other costs
- Non-economic–to compensate for pain, suffering, etc.
- Punitive–to punish the defendant
Medical malpractice cases have specific limits in Texas. Non-economic damages are limited to $250,000 per facility (limited to $500,000 total) and $250,000 total for any action against healthcare providers. Punitive damages are capped for all case types, though the amount will vary based on the other compensation that is awarded.
There is no cap on non-economic damages. Economic damages are calculated based on all the costs that can be expected due to the individual’s death.
What’s the Average Compensation in a Wrongful Death Suit?
Every wrongful death case is different. Depending on the type of case and the circumstances, the compensation can vary significantly. That’s one of the reasons it’s so important to seek experienced legal representation. An attorney will help you understand what to expect and guide you through the process.
If you need to file a wrongful death lawsuit, give our Texas law firm a call at 214-575-8300. We have experienced, compassionate attorneys in Dallas and Houston who can work with you to hold the responsible parties accountable for your loved one’s death.