Is there a cap on how much I can receive in a wrongful death settlement in Texas?
- Non-economic damages. Family members may sue for losses that do not have a specified monetary amount, such as mental and emotional anguish, loss of consortium, loss of counsel, and other non-financial losses. Texas places a cap on non-economic damages in wrongful death medical malpractice claims that was originally valued at $500,000, but families can receive $1,500,000 or more after the cap is adjusted for inflation.
- Multiple defendants. If there are multiple defendants, such as two or more health care institutions and a private physician, there is a limit to how much survivors can be granted in non-economic damages from each institution.
- Multiple claimants. Even if there are multiple survivors suing for the death of a single individual, the survivors are treated as one claimant, meaning the cap will be applied regardless of the number of plaintiffs.
You Should Receive the Full Amount of Medical Costs After a Loved One’s Death
Survivors should keep in mind that the only costs that are flexible are non-economic. The costs that a family has already paid (or has been asked to pay) in connection with the death, such as medical bills, custodial care, or death and funeral expenses should be fully reimbursed. In addition, the court may order the defendants to pay exemplary damages (also known as punitive damages) as a penalty for their negligence and to ensure that the mistake does not happen again. To find out what your family could be owed for your suffering, call the attorneys at Wayne Wright LLP today at 210-888-8888 for a free case evaluation.