Chances of Winning a Wrongful Death Suit in Texas

The loss of a loved one is devastating under any circumstances, but when that death results from someone else's negligence or wrongful actions, the pain is often exacerbated by a lack of closure. Although it may be cold comfort, families who have lost someone due to another party's negligence may have grounds for a wrongful death lawsuit in Texas, offering a form of justice. 

While nothing can bring back your loved one, pursuing a wrongful death claim can provide financial security for your family and hold responsible parties accountable for their actions — but the chances of winning a wrongful death suit in Texas can be slim without skilled representation.

Read more about wrongful death cases in Texas, including the complicating factors, common causes, and why hiring the best personal injury lawyer Houston has to offer can increase your chances of getting justice.

Or, if a loved one has already been taken from you due to the negligence of others, call Jose Calderon of Calderon Law Firm today at (346) 999-5673 for a free consultation. Jose and the Houston wrongful death attorneys at Calderon Law Firm are waiting to provide you the support you need during this difficult time. 

Are wrongful death cases hard to win?

Wrongful death cases can be challenging to win, but they are far from impossible when you have strong evidence and an experienced lawyer in your corner. The difficulty of winning a wrongful death case largely depends on the specific circumstances of the death, the availability of evidence, and the ability to prove that another party's negligence or wrongful conduct directly caused your loved one's death.

Several factors generally influence the likelihood of success in wrongful death cases:

• Strength of evidence: Cases with clear documentation of negligence, like police reports, medical records, or witness testimony, tend to have higher success rates.
• Legal team: Wrongful death cases involve a high standard of proof and require thorough investigation and preparation.
• Clarity of liability: Cases in which fault is obvious and undisputed are more likely to succeed.
• Quality of expert witnesses: Medical experts, accident reconstruction specialists, and economic experts can strengthen your case.
• Defendant's resources: While cases against well-insured defendants may take longer, they are also more likely to result in meaningful recovery.

Insurance companies and defendants often fight wrongful death claims vigorously because the potential damages are substantial. They’ll likely attempt to shift blame, minimize their liability, or challenge the extent of damages claimed. 

Having an experienced attorney who is prepared for these tactics and can counter them effectively is essential for maximizing your chances of success.

Wrongful death examples: how does wrongful death occur?

Wrongful deaths can occur in numerous situations where negligence, recklessness, or intentional actions lead to someone's death. Familiarizing yourself with these common scenarios can help your family recognize when they may have grounds for a wrongful death claim.

• Motor vehicle accidents*, including drunk or distracted driving incidents, commercial truck accidents due to driver fatigue or maintenance failures, motorcycle accidents when drivers fail to share the road safely, and speeding or reckless driving violations.
• Medical malpractice cases, including surgical errors and complications, misdiagnosis or failure to diagnose serious conditions, medication errors and adverse drug reactions, or inadequate patient monitoring in critical situations.
• Workplace injuries, including construction site injuries from unsafe conditions, industrial accidents in manufacturing facilities, oil and gas industry incidents, and lack of proper safety equipment or training.
• Product liability cases, commonly defective vehicles and automotive parts, dangerous pharmaceuticals and medical devices, faulty consumer products, or manufacturing defects that cause fatal injuries.
• Premises liability cases, including inadequate security leading to violent crimes, slip and fall accidents from dangerous conditions, swimming pool accidents and drownings, and building collapses or structural failures.

*Need a Houston car wreck lawyer or a Houston truck accident lawyer? Continue reading about why families in Houston trust Calderon Law Firm.

What percentage of wrongful death cases go to trial?

Like all personal injury cases, the vast majority of wrongful death cases are resolved through settlement negotiations rather than going to trial. The more complex the case, the more damages sought, and the more legal resources the defendant has, the more likely the case is to go to trial.

Trial can be risky and should be considered only when it’s a necessity. Your attorney should prepare every case as if it is going to trial (as this is always beneficial to negotiations), but should be active and engaged in good-faith negotiations. Still wondering why most wrongful death cases settle out of court? Take a look at the chart below.

This isn’t to say that you should never go to trial. There are a number of reasons why you and your attorney might need to take your case to trial, the most common of which might include:

• Insurance companies refuse to acknowledge clear liability
• Settlement offers are unreasonably low compared to case value
• Multiple parties dispute fault and responsibility
• Complex cases requiring expert testimony and evidence presentation
• Defendants attempt to blame the victim for their own death

The decision to go to trial should be made strategically, considering factors like the strength of the evidence, the potential jury pool, and the complexity of the case. Experienced wrongful death attorneys can evaluate these factors and advise your family on the best course of action for your specific situation.

What is the most you can sue for wrongful death?

Texas law does not impose a specific cap on wrongful death damages in most cases, meaning that the amount you can recover depends on the specific circumstances of your case and the losses suffered by surviving family members. 

There are caps on certain types of damages in medical malpractice cases, which are listed below:

Economic damages, which are not capped in any wrongful death claim, often include:

• Lost future earnings and benefits
• Value of household services
• Medical expenses before death
• Funeral and burial costs
• Loss of inheritance
• Cost of childcare and household help

Non-economic damages, which are capped at $250,000 and $500,000 against physicians and hospitals, include:

• Loss of companionship and consortium
• Mental anguish and emotional suffering
• Loss of guidance and counsel
• Pain and suffering of family members
• Loss of love and affection
• Grief and bereavement counseling costs

In general, the more your loved one’s death impacts your family, and the more egregious the behavior of the negligent party, the more damages you’ll be able to pursue in your wrongful death claim. 

Timelines: how long to settle a wrongful death suit

To set expectations off the bat: you can expect your wrongful death case to take many months to settle. You should also prepare for the possibility that your case may take longer than you initially expected. While it's natural to want closure quickly, rushing to settle often results in inadequate compensation that doesn't fully account for your family's losses.

A rough outline of an example wrongful death case is as follows:

You can expect your case to take longer if it contains multiple defendants and insurance companies, complex liability issues requiring extensive investigation, disputes over the cause of death or contributing factors, the need for multiple expert witnesses and extensive discovery.

Who pays in a wrongful death suit?

One of the most practical concerns families have when considering a wrongful death lawsuit is whether they'll actually be able to collect any money if they win their case. It's not enough to prove negligence and win a judgment — there must be a source of funds available to pay the settlement or court award.

Generally wrongful death settlements are paid out by a combination of insurance coverage and corporate assets.

• Insurance coverage can include auto insurance, medical malpractice insurance, liability insurance, workers’ compensation insurance, and professional and product liability insurance.
• Large corporations and government entities may self-insure for claims.
• Wealthy individuals or corporations might also use their substantial resources in reserve.

The reality is that even the strongest wrongful death case means little if there's no way to collect on a judgment. This is why experienced wrongful death attorneys conduct thorough investigations not just into liability, but also into the financial resources available to pay a settlement.

In the aftermath of a loved one’s death? Seek justice with Calderon Law Firm.

Losing a loved one due to someone else's negligence is a tragedy that no family should have to endure alone. While no amount of money can bring back your loved one or fully compensate for your loss, pursuing a wrongful death claim can provide financial security for your family's future and help hold those responsible accountable for their actions.

Your chances of winning a wrongful death suit are exponentially higher with the right attorney in your corner. Call Jose Calderon and Calderon Law Firm today at (346) 999-5673 or contact us online for a free consultation.

Our firm operates on a contingency fee basis, meaning you pay nothing unless we successfully recover compensation for your family. This arrangement ensures that financial concerns don't prevent you from seeking the justice your loved one deserves. We handle all aspects of your case, from the initial investigation through settlement negotiations or trial, allowing you to focus on grieving and healing with your family.

Whether your loved one was hit by a truck or involved in a motorcycle accident in Houston, the wrongful death attorneys at Calderon Law Firm can help you find your way to the other side of this dark time.