What are the fundamentals of a Wrongful Death Settlement?

By: Benjamin Treviño

Nothing can replace the loving embrace of a family member who has died as a result of someone’s negligence, recklessness, or intent.

However, a wrongful death settlement can help surviving family members deal with the real-world consequences that inevitably follow an untimely death.

Justice is what helps survivors weather economic damages such as lost income and funeral costs. It also compensates for non-economic damages like pain, suffering, and the loss of companionship.

Settlement amounts can range from hundreds of thousands to millions of dollars.

Key Elements to Proving Wrongful Death

Duty of Care

Most of us don’t think about it, but every time someone goes out in public they have what’s called a “Duty of Care” to act in a manner that does not endanger others. For example, when someone drives a vehicle, they are expected to obey traffic laws at all times.

When making a claim of wrongful death, the victim’s family (plaintiff) must show that the defendant breached their Duty of Care through negligence or intent.

Causation and Damages

The plaintiff must also prove that the breach of duty directly resulted in the victim’s death. Furthermore, they must show that the death caused measurable financial or emotional loss to surviving beneficiaries.

Elements of Compensation

If a defendant is successful in their wrongful death claim, they are entitled to be compensated for one or more of three types of damages.

• Economic Damages: Medical expenses prior to death, funeral and burial costs, and the loss of the deceased’s expected future earnings and financial support.
• Non-Economic Damages: Compensation for the emotional distress, pain and suffering of survivors, and the loss of companionship, guidance, and consortium.
• Punitive Damages: In rare cases, these may be awarded to punish gross negligence or malicious intent.

Evidence required for settlement can include the official autopsy and death certificate, police or accident reports, medical records detailing final treatment, and ocumentation of financial losses (employment records, funeral invoices).

Distribution of Settlement

Settlements are typically paid to the deceased’s estate or directly to beneficiaries (spouses, children, parents). In some cases, such as in Texas, if the settlement involves minors, a trust must be established to manage the funds until they reach the age of majority. In Texas, 18 is considered the legal age of majority.

Contact J. Gonzalez

Choosing the J. Gonzalez Law Firm for your wrongful death case ensures that you get experienced and compassionate legal representation. The J. Gonzalez Law Firm will be focused on maximizing compensation for your family’s loss.

J. Gonzalez and his team of wrongful death lawyers  provide dedicated, personalized service. They are available 24/7 to handle complex litigation, including car, truck, and workplace accidents.

The J. Gonzalez Law Firm is not afraid to file lawsuits to uncover evidence and compel insurance companies to offer fair settlements. They have decades of handling complex cases involving multiple parties so they know how to navigate nuances like comparative fault.

Reach out to the J. Gonzalez Law Firm right now for a free consultation to discuss your case with our dedicated team. There’s never a charge for the first consultation, and our clients pay nothing unless we achieve a just settlement for their losses.

Contact them now via this website or by calling 1-800-CAR-CRASH.

Edinburg man dies in two-vehicle crash

By: Benjamin Treviño

The Texas Department of Public Safety (DPS) is investigating an April 3 crash that took the life of one man.

According to a news release, the crash occurred at approximately 2:34 a.m. on Brushline Road north of FM 1925 in north of Edinburg.

According to a DPS news release, a Chevrolet Tahoe occupied by a female driver was traveling southbound on Brushline Road. As her vehicle approached an irrigation canal north of FM 1925, a Chevrolet 1500 Pick-up, occupied by one male driver, struck the Tahoe from behind.

The pickup’s driver died at the scene. He is identified as 34-year-old Jose Manuel Moralez Zacarias, a resident of Edinburg.

The crash was still under investigation by DPS as of this writing.

Source: https://myrgv.com/featured/2026/04/03/edinburg-man-dies-in-two-vehicle-crash-early-friday-morning/?