Settlement Maximums and Damage Caps in Wrongful Death Cases

All wrongful death cases are tragic, and the physical, emotional, and financial losses they cause cannot be understated. Each case is different, with a unique set of circumstances impacting the survivors that will influence the amounts rendered in settlement negotiations and jury awards.

Generally speaking, with one legislative exception for medical malpractice, Texas does not carry 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. Therefore, it is always best to contact an attorney to gauge the potential value of your lawsuit.

Texas Places a Wrongful Death Damage Cap on Medical Malpractice Cases

Texas law provides a wrongful death settlement cap only to non-economic damages arising out of medical malpractice injuries. Economic damages connected with wrongful death, such as custodial care, medical costs, funeral and burial expenses, are not capped. 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 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 damage cap only applies to cases stemming from medical malpractice. 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.

Contact us for a free legal consultation

For over 30 years, the attorneys at the Reyes Browne Reilley Law Firm have provided top-notch wrongful death representation for Texans. Our 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. Our firm will not charge you anything unless you win.