Who Gets the Money in a Wrongful Death Lawsuit?

Losing a loved one due to someone else’s negligence or wrongful act can be incredibly devastating, taking a toll not only emotionally but also financially. A wrongful death compensation claim aims to offer financial relief to the family members left behind. However, the question arises: who receives this compensation, and how is it distributed? 

This blog explores into the complexities of wrongful death lawsuits, the individuals involved, and the process of distributing damages.

Understanding Wrongful Death Lawsuits

A wrongful death lawsuit is a civil action brought by the survivors of a deceased person who passed away due to the negligence, recklessness, or intentional wrongdoing of another party. These lawsuits are separate from any criminal charges that may arise from the incident. 

The primary purpose of a wrongful death lawsuit is to secure financial compensation for the deceased’s survivors to cover medical expenses, funeral costs, lost wages, and the emotional suffering caused by the untimely death.

In Texas, wrongful death lawsuits can be filed under certain conditions, including fatalities caused by auto accidents, medical malpractice, workplace injuries, or product liability.

Parties Typically Involved in a Wrongful Death Lawsuit

In a typical wrongful death lawsuit, the following parties may be involved:

Plaintiffs: These are the family members or the estate of the deceased. In Texas, immediate family members such as spouses, children, and parents are eligible to file a wrongful death claim.

Defendants: These are the individuals, companies, or entities whose negligent or wrongful actions led to the death.

Attorneys: These are the legal representatives for both sides, assisting in building the case, negotiating settlements, or presenting arguments in court, making it crucial to have a wrongful death lawyer on your side..

Distribution of Damages in Wrongful Death Cases

The compensation awarded in a wrongful death case is designed to cover both economic and non-economic damages. Economic damages include medical bills, funeral expenses, and the loss of future income that the deceased would have provided. Non-economic damages cover intangible losses such as pain and suffering, emotional distress, and the loss of companionship.

Texas law requires that damages in a wrongful death lawsuit be distributed based on the loss each family member suffered. This often involves detailed assessments of the relationship between the deceased and the beneficiaries.

Who Receives the Compensation?

In Texas, wrongful death compensation is typically distributed to the following survivors:

Spouse: A surviving spouse is often entitled to compensation for the loss of companionship and emotional suffering, in addition to financial damages related to the diminished household income.

Children: Both minor and adult children may be entitled to compensation for emotional damages and the financial support they would have received from the deceased parent.

Parents: In certain cases, parents may also be eligible to receive compensation for the emotional pain resulting from the loss of a child, particularly if the child was providing financial support.

The court typically determines how the damages will be distributed, taking into account each party’s dependency on the deceased.

Factors Influencing Compensation Amounts

Several factors can influence the amount of compensation awarded in a wrongful death lawsuit:

1. The age and health of the deceased: Younger individuals or those with high earning potential often receive higher compensation for loss of income and support.
2. The degree of negligence: In instances where the defendant’s negligence is considered severe, punitive damages may also be awarded.
3. The relationship with the deceased: Close family members, including spouses and children, are more likely to receive higher compensation than extended relatives.

The Process of Claiming Compensation

The process of claiming compensation in a wrongful death lawsuit usually involves the following steps:

Filing the lawsuit: In Texas, an eligible family member, usually with the assistance of an attorney, must initiate the wrongful death claim within two years following the date of the deceased’s passing.

Gathering evidence: The attorney representing the plaintiff will gather a variety of evidence, including medical records, witness statements, expert opinions, and additional documentation, to substantiate the defendant’s negligence or liability.

Settlement negotiations: Frequently, both sides will strive to reach a mutually agreeable settlement before resorting to litigation. Should an equitable settlement be unattainable, the case will proceed to trial.

Court trial: Should the case advance to trial, a judge or jury will review the evidence presented and determine the appropriate compensation amount.

Distribution of damages: Upon the award of compensation, the court or the involved parties will decide how to allocate the damages among the beneficiaries.

Conclusion: Navigating the Aftermath of a Wrongful Death Lawsuit

Wrongful death lawsuits are complex and emotionally charged, but they are crucial in helping families regain financial stability after the loss of a loved one. Understanding the legal process and who is entitled to compensation can provide clarity in such a difficult time.

Get the Justice You Deserve – Contact Mokaram Law Firm Now!

Don’t let the negligent party get away with taking your loved one from you! At Mokaram Law Firm, we FIGHT relentlessly to ensure you receive the compensation you deserve. Our experienced attorneys will guide you through every step of the wrongful death claim process. Call us TODAY to schedule your free consultation—justice won’t wait, and neither should you!