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Who receives compensation in a wrongful death settlement?

On Behalf of | Feb 23, 2024 | Wrongful Death |

Someone’s unexpected death can result in a cascade of unexpected consequences for their family members. A premature passing can trigger numerous expenses and deprive the remaining family members of the deceased party’s income and practical support. The grief that people feel after losing a loved one can also affect their studies, their work performance and their other relationships.

Families often scramble to adjust to life after someone dies unexpectedly. Often, someone’s death causes a major shift in household responsibilities and the family’s standard of living, especially if the decedent was the primary wage earner for the family.

In some cases where there is evidence of misconduct or negligence, it may be possible to file a wrongful death lawsuit after a tragedy in Texas. A wrongful death lawsuit can provide compensation for the negative effects someone’s passing has on their dependents and close loved ones.

Funds usually go to family members after litigation

There is never any guarantee of success when pursuing compensation via a lawsuit. Not every wrongful death lawsuit results in the surviving family members of someone who died unexpectedly receiving adequate compensation given their losses. However, cases backed by strong evidence of misconduct or negligence and clear proof of economic losses can result in an award of financial compensation.

Generally, those filing the lawsuit have to ask for a set amount of compensation. The total losses sought in a wrongful death lawsuit can sometimes add up to hundreds of thousands of dollars or even more. Typically, those funds go to the surviving family members.

Spouses and children are usually the first priority for the distribution of funds from a wrongful death lawsuit, but parents and other family members may also sometimes receive some of the money generated. If the estate of the deceased pursues a survival action holding a business or individual accountable for losses the decedent could have claimed had they survived, the proceeds from those lawsuits typically go to the estate itself initially.

When successful, lawsuits brought in response to someone’s death can lead to financial compensation and a sense of closure. Learning more about Texas wrongful death laws, and seeking legal guidance accordingly, may help people feel confident about taking legal action in the wake of a family tragedy.