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  • Writer's pictureRobert Schuerger

Does Texas Limit Damages for Wrongful Death? Everything Victims Must Know

Losing a significant person such as a spouse, child, or family member is shocking, saddening, and in many cases, traumatic. It's even worse when it happens due to someone else's reckless and careless actions.


Victims must file a case if they lost a loved one due to someone else. However, the process can be challenging and stressful, which is why they need a lawyer.


Numerous factors can affect how much a person gets for their wrongful death case. In this article, victims will find the information they need to get started with the legal process.


What Victims Must Do Before Filing Wrongful Death Lawsuits

What Victims Must Do Before Filing Wrongful Death Lawsuits


Losing a loved one due to medical malpractice or because of someone else's negligent actions while driving can be traumatic and life-changing.


The state of Texas recognizes the severity of wrongful death cases. Generally, the deceased person's loved ones will be in a state of shock or going through so much pain that they're not able to go back to their regular activities. Schuerger Shunnarah Trial Attorneys can advise on questions such as, "How long do you have to file wrongful death in Texas?


Wrongful death can happen due to many different reasons. However, one of the most common ones is a devastating car accident. Since victims most likely won't know what to do, the following steps are some things they should keep in mind during this process:


Call the Police If They're in an Accident


Before even thinking about filing a wrongful death lawsuit, the survivors of the accident must call the police.

Seeing their dead loved one can be traumatic and paralyzing. Therefore, the surviving persons must stay as calm as they can and contact the authorities.


Later on, when it's time to file the wrongful death claim, the police officer's report will be useful and can count as evidence in court.


Contact an Ambulance


Victims must immediately contact an ambulance, especially if they're hurt. Even though they might be in shock and mental anguish due to their loved one's passing, they must ensure they are safe.


Medical professionals will arrive at the scene. Their reports will also count as evidence when victims file a wrongful death lawsuit.


Get Medical Assistance


In some cases, victims have such physical injuries that they need to attend medical care even after the accident.


However, when it comes to wrongful death, it can be very challenging because victims are often depressed or too sad to engage in any activities. In many cases, they're not motivated enough to get out of bed, eat properly, or attend medical appointments.


Victims must understand that if they want to get the best results from their wrongful death case, they shouldn't miss medical appointments. On the contrary, the information that doctors give them will be crucial to put the lawsuit together.


If Needed, Get Help for Their Mental Health


On occasions, the loved one's death is so shocking that victims are completely unable to eat, sleep, or engage in their regular activities. They might miss work and school and stop doing everything they used to do before the accident.


Texas wrongful death claims require evidence for victims to prove that their life changed due to someone else's gross negligence.


At the same time, victims must take care of themselves. Part of this is getting the professional help they need after the shock of the wrongful death.


Victims should contact a mental health care facility if they can't go on with their lives after losing their loved one. They'll get specialized help and guidance.


Furthermore, the reports and assessments victims get in there will also count as evidence when they file their wrongful death lawsuit.


Contact a Lawyer


All victims should get the full amount of their wrongful death settlement. However, it's not always the case.

Unfortunately, many victims don't get the settlement they deserve. Many factors can influence the outcome of a case. It's why victims must get top-notch legal help from the start.


Specialized lawyers will evaluate whether victims should sue for punitive damages, medical malpractice, etc. They'll assess the case information and determine the best course of action for the future.


Getting the best results when it comes to a Texas wrongful death claim will partly depend on the victim's ability to put a case together and show convincing evidence of how their life changed. Therefore, getting an experienced and knowledgeable legal expert is critical.


File a Lawsuit


Lawyers know the ins and outs of Texas law, so they'll help victims throughout these troubling times. They understand they're in pain because of their loss, so they'll explain everything about the process and make sure they're making the best decisions depending on their case.


Filing a Texas wrongful death lawsuit requires knowledge of the law, especially if victims want to get the best results. Consequently, they should trust their wrongful death law firm and leave everything in their hands.


How Much Can Someone Get for a Wrongful Death Case?


It depends on who the person is suing. If they're pursuing a wrongful death case against the doctor or hospital that attended to their loved one, they could get more than 1 million dollars.


Victims of truck accidents, for example, can get much more money. In some cases, they've gotten more than 4 million dollars.


Moreover, some electrocution cases have awarded the deceased person's family more than 7 million dollars.


Overall, it depends on the specific circumstances of the victim, what they've been through, and how their loved one's death happened.


Should Victims File a Wrongful Death Claim?


Victims should always file a Texas wrongful death lawsuit if they lost a loved one due to someone else's negligence in the Lone Star State.


No one should have to deal with the consequences of someone else's reckless actions. When it comes to wrongful death, it's even worse because the remaining family members will suffer emotionally and financially.


In many cases, the person who died was the primary source of money in the household. If this happens, their children or spouse might not be able to afford even the most basic things, such as food or schooling.

Money won't replace the physical presence of someone. However, it can help, especially if the surviving family members have no other way to care for themselves.


Even though victims should always file wrongful death lawsuits, they shouldn't go through this process alone.


Specialized lawyers understand Texas law and are ready to help clients in need. Victims will find them at Schuerger Shunnarah, and the team is ready to go to war for them if needed.


Filing a lawsuit and getting a wrongful death settlement can be a hassle, especially if they're including punitive damages. Overall, cases can be long and challenging to handle, and clients should never go through the process on their own.


Factors That Can Affect How Much Victims Get


A few factors can affect how much victims get when it comes to their wrongful death settlement.

To determine the amount they're awarded, the judge will consider who's responsible for the death, who were the people involved in the case, how many of them are suing for damages, and who will pay for the costs of the person's death.


In Texas, there is no cap for all wrongful death cases. However, there is a limit if victims are pursuing a lawsuit as a result of medical negligence. The following aspects might influence the results:


Non-economic Damages


Sometimes, family members sue for losses that have no specific monetary amount. Loss of consortium, loss of counsel, mental anguish, and other non-financial losses are some examples of this.


According to Texas wrongful death law, there is a cap for non-economic damages: it's $500,000. Nonetheless, victims might get up to $1,500,000 after inflation adjustments.


Multiple Claimants


There is a limit to how much survivors can get in medical malpractice cases because there could be other claimants, for instance, two or more healthcare institutions and private physicians.


Multiple Defendants


If there are multiple defendants in medical malpractice cases, survivors might receive less money each because the law treats them as one, regardless of how many plaintiffs there are.


Victims Deserve the Full Amount of Their Settlement

Victims Deserve the Full Amount of Their Settlement


People shouldn't have to pay for medical bills, funeral expenses, and other wrongful death damages as a result of another person's negligence.


The person or persons must be punished for what they did since their actions will affect someone else's life forever.


Lawyers understand what victims are going through, so they're the ideal professionals to hire when it comes to filing a Texas wrongful death lawsuit.


Attorneys at Schuerger Shunnarah say they'll 'go to war' for clients, so they're ready to help people in need and aggressively defend them to get the best results possible. They can give insight on questions like, "What is impairment rating?"


There is no way to change what happened, and the surviving family members and loved ones will have to go on with their lives after losing a significant person.


Nonetheless, with the help of a lawyer, they'll have better chances at getting positive outcomes when it comes to their Texas wrongful death case.


Contacting a Lawyer Today


Lawyers at Schuerger Shunnarah are ready to help clients in need. They're knowledgeable and experienced experts, and they'll assess the client's case and determine the best options for them.

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