Here Is Everything You Need to Know About Wrongful Death Settlement Maximums and Texas Medical Malpractice Caps
We understand firsthand how devastating the loss of a loved one is – and the loss can be even more distressing when it involves a wrongful death lawsuit.
All wrongful death and medical malpractice cases are tragic, and the physical, emotional, and financial losses they cause cannot be understated. Each wrongful death case is different, with a unique set of circumstances impacting the survivors that will influence the amounts rendered in settlement negotiations and jury awards.
If you’re dealing with a case like this, you may be wondering, “Is there a cap on wrongful death damages in Texas?”
Generally speaking, with one legislative exception for medical malpractice, Texas does not institute wrongful death damage caps. However, other statutory rules, the facts of a case, and legal precedent will play a role in predicting any wrongful death settlement amount.
If you’re facing a complex wrongful death case, you are not alone. A skilled and compassionate wrongful death attorney can help you to gauge the potential value of your wrongful death lawsuit.
What is the Texas Medical Malpractice Cap When It Comes to Wrongful Death Cases?
Texas law states that there is only a wrongful death settlement cap on non-economic damages arising out of medical malpractice injuries.
What does this mean?
Basically, the law states that economic damages connected with a wrongful death case, such as custodial care, medical costs, funeral and burial expenses, are not capped. You can seek compensation to recover all of these damages associated with the medical malpractice case.
However, non-economic damages are defined as those without a specified dollar amount, such as pain and suffering, loss of companionship, and loss of consortium. The typical Texas medical malpractice cap for non-economic damages is typically around $500,000.
The statutory cap also limits the amount you can receive from each defendant in cases where multiple defendants are named in the lawsuit. For example, if the family of the deceased sues more than one healthcare institution or physician, the non-economic damages available from each defendant will be relatively capped. It should also be noted that all claimants are treated as one plaintiff.
Not All Wrongful Death Lawsuits are Capped
It bears repeating that the wrongful death settlement maximum only applies to the Texas medical malpractice cap. So, if your wrongful death case is related to a fatal car accident, workplace accident, or some other tragic event, then economic damage caps should not apply.
In your initial consultation, you will have a chance to speak with an experienced Dallas wrongful death lawyer who will review potential theories of recovery and all the particulars of the Texas wrongful death damage caps. Other relevant information will be discussed, such as the identity of the defendant(s) and whether “exemplary claims” (or “punitive damages”) are applicable to your case as either could impact your ultimate award of compensation.
Partner with a Personal Injury Lawyer at Angel Reyes & Associates to Get the Compensation You Deserve for Your Wrongful Death Lawsuit
For over 30 years, the wrongful death attorneys at the Angel Reyes & Associates have provided top-notch representation for Texans. Our 98% client success rate speaks for itself, and we accomplish this by putting our clients first and fighting to achieve justice on their behalf.
If you have tragically lost a loved one in a wrongful death accident, call us 24/7 to schedule your free initial consultation. Don’t wait, don’t hesitate.
The compassionate team of personal injury attorneys at Angel Reyes & Associates takes pride in helping our valued clients face the challenges of devastating wrongful death cases head-on, especially when medical malpractice comes into play. Allow our personal injury lawyers us to help you by removing the stress from the equation as we handle all communication and negotiation with your accident insurance company on your behalf.
Contact us today for a free consultation, or stop by one of our conveniently located Texas offices in Dallas, Fort-Worth, Houston or Austin so you can discuss your case face-to-face with a compassionate wrongful death attorney.
Remember, you pay nothing unless we win your case, so there is no harm in scheduling a free consultation.
You’re in good hands with Angel Reyes & Associates.
