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Wrongful Death Settlements in Texas

If you have been involved in a wrongful death in Texas, understanding how the state's personal injury laws affect your claim is essential. Texas follows the modified comparative fault (50% bar) system, and you have 2 years from the date of your injury to file a lawsuit.

Wrongful Death Settlement Range in Texas

Nationally, wrongful death settlements range from $100,000 to $5,000,000. In Texas, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.

Low

$100,000

Estimated

$500,000

High

$5.0M

How Texas Law Affects Your Wrongful Death Claim

Texas uses a modified comparative fault system with a 51% bar and caps non-economic damages in medical malpractice cases at $250,000 per defendant (capped at $500,000 total). General personal injury cases in Texas have no cap on non-economic damages. Texas has some of the most active plaintiff's attorneys in the nation, with Houston, Dallas, and San Antonio producing significant personal injury verdicts.

Under Texas's modified comparative fault (50% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 50% or more.

Factors Affecting Wrongful Death Claims in Texas

  • ✓Decedent's age, income, and earning potential
  • ✓Number and financial dependency of surviving beneficiaries
  • ✓Circumstances and degree of negligence
  • ✓Decedent's pain and suffering prior to death
  • ✓Loss of consortium and companionship
  • ✓Funeral and burial expenses
  • ✓State wrongful death statute limitations

Common Wrongful Death Injuries

Fatal traumatic brain injuriesFatal spinal cord injuriesDeath from medical malpracticeFatal burns or smoke inhalationDeath from toxic substance exposureFatal internal injuriesDeath resulting from defective products

Relevant Texas Statutes

  • •Tex. Civ. Prac. & Rem. Code § 16.003 (statute of limitations)
  • •Tex. Civ. Prac. & Rem. Code § 33.001 (modified comparative fault, 51% bar)
  • •Tex. Civ. Prac. & Rem. Code § 74.301 (med mal non-economic cap)

Wrongful Death Claims in Texas Cities

If your wrongful death occurred in Houston, San Antonio, Dallas, Austin, Fort Worth, or anywhere else in Texas, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.

Calculate Your Claim →← Wrongful DeathTexas Laws →

This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.