Texas Complaint for Wrongful Death - Multiple Counts
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How to fill out Complaint For Wrongful Death - Multiple Counts?
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FAQ
Heirs and family members who file the wrongful death claim make a joint decision regarding each person's amount. Any children or surviving spouses are entitled to the majority of the settlement proceeds. A dependent parent may also receive a share.
If you or a representative of your loved one's estate files a wrongful death lawsuit against the individual who caused the death, you may receive a financial award, but an insurance company will most likely make the payment.
In cases where the surviving family members accept a settlement offer, there is no jury to decide how wrongful death compensation is divided. Instead, your attorneys will help you decide by applying past legal precedence from cases where juries have been asked to divide monies under similar circumstances.
Depending on the design of the structured settlement, the early passing of a loved one may mean that the remaining guaranteed payments may continue to the estate of the initial recipient, or to a ?secondary payee? that has been named specifically (like the beneficiary under a life insurance policy or RRSP).
There is no average settlement in wrongful death lawsuits here in Texas. However, many payouts range between around $500,000 to $1 million, with other settling for $10,000,000 or more, even outside of the courtroom.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
We've been asked in the past if there is a cap on wrongful death settlements in Texas. Here's the answer. If your case is not related to medical malpractice, there is no cap on any damages in a wrongful death settlement.
If the claim ends in a settlement or judgment resulting in a financial award, the distribution of the amount can be agreed upon by those entitled to recover or, if no agreement can be reached, a hearing can be held to decide the amount to be allocated to each of the beneficiaries.