Wrongful Death Settlements: What Families Need to Know
📅 Published by Schiffer Law Firm | Wrongful Death Lawyers | Updated for 2025
Table of Contents
1️⃣ What Determines the Value of a Wrongful Death Settlement?
2️⃣ Average Settlement Amounts for Wrongful Death Cases
3️⃣ How Are Wrongful Death Settlements Paid Out?
4️⃣ Factors That Can Increase or Decrease Settlement Value
5️⃣ Should You Accept a Settlement or Go to Trial?
6️⃣ How to Maximize a Wrongful Death Settlement
7️⃣ Get a Free Wrongful Death Case Evaluation
What Determines the Value of a Wrongful Death Settlement?
The amount awarded in a wrongful death case depends on several key factors:
- Economic Damages – Compensation for lost wages, medical expenses, and funeral costs.
- Non-Economic Damages – Compensation for emotional suffering, loss of companionship, and mental anguish.
- Punitive Damages – In extreme negligence or misconduct cases, courts may award additional damages to punish the responsible party.
➡️ Each wrongful death case is unique, and settlement values vary widely based on case specifics.
Average Settlement Amounts for Wrongful Death Cases
Wrongful death settlements in Texas can range from $500,000 to over $15 million, depending on various circumstances. Some general estimates include:
- Fatal Commercial Vehicle Crashes: $500,000 – $5 million
- Refinery Deaths: $1 million – $15 million
- Child Drowning Death: $1 million – $10 million
- Workplace Deaths: $1 million – $10 million
These amounts depend on the victim’s age, income, liability evidence, and insurance coverage.
How Are Wrongful Death Settlements Paid Out?
Settlement payments can be structured in different ways:
✔ Lump Sum Payments – A one-time payment of the entire settlement amount.
✔ Structured Settlements – Payments made over time to provide long-term financial stability.
✔ Trust Funds – A special account managed on behalf of minor children or dependents.
➡️ An experienced wrongful death lawyer can help determine the best payout structure for your family’s needs.
Factors That Can Increase or Decrease Settlement Value
Certain factors can significantly impact the amount of a wrongful death settlement:
✅ Severity of Negligence – Cases involving reckless behavior or intentional misconduct often result in higher settlements.
✅ Available Insurance Coverage – The amount of liability insurance can determine the maximum payout.
✅ Victim’s Earning Potential – Higher earning individuals typically result in larger economic damage calculations.
✅ State Laws & Damage Caps – Some states impose limits on non-economic damages, but Texas does not cap most wrongful death damages.
Should You Accept a Settlement or Go to Trial?
While most wrongful death cases settle out of court, going to trial may be necessary to obtain full compensation. Key considerations include:
✔ Faster Resolution – Settlements take months, while trials can take years.
✔ Guaranteed Compensation – Trials are risky, but settlements provide certainty.
✔ Higher Potential Payouts – Juries may award more than insurance companies offer.
➡️ A skilled wrongful death attorney can negotiate aggressively while preparing for trial if necessary.
How to Maximize a Wrongful Death Settlement
To increase the settlement amount, families should:
✔ Hire an experienced wrongful death attorney who specializes in high-value cases.
✔ Gather strong evidence, including medical records, accident reports, and expert testimony.
✔ Avoid speaking to insurance companies without legal representation.
✔ Consider future financial needs, especially for surviving dependents.
Get a Free Wrongful Death Case Evaluation
At Schiffer Law Firm, we fight for justice and financial security for families affected by wrongful death.
No fees unless we win.
📞 Call (713)-521-0059 for a FREE consultation today.
