How Do I Pay for a Funeral Following a Wrongful Death?

Losing a loved one is one of the most difficult experiences we can go through, and his or her death can be even more challenging if it was unexpected and avoidable. You could face thousands of dollars in burial and funeral costs that you did not prepare for. If someone else’s negligence led to your loved one’s death, you could claim compensation for his or her funeral expenses through a wrongful death lawsuit.

How Much Do Funerals Cost?

Funerals are not inexpensive, especially when you are not prepared to hold a funeral for your loved one. According to the National Funeral Directors Association, the average cost of an adult funeral in 2017 was $8,755. These costs included the funeral ceremony, a viewing, and a burial. The main expenses in the average funeral include the cost of the casket, the funeral staff, and the hearse responsible for transporting your loved one.

While this figure is an average of the adult funerals across the United States, it does not reflect all the costs you may have to pay to hold a funeral. You may have to pay for many add-ons to pay your final respects, such as purchasing a grave plot and labor costs for the funeral. These costs can add another $3,000 on top of what you already have to pay for your loved one.

Filing a Wrongful Death Claim in Texas

If your loved one died as a result of an accident caused by someone else’s negligence, you can file a wrongful death claim on his or her behalf to seek compensatory damages. In the state of Texas, the surviving spouse, children, parents, or personal representative of the deceased can file a wrongful death claim in Texas civil court.

You have two years from the date of your loved one’s death to file a wrongful death claim. You can recover many compensatory damages related to your family’s losses and the losses of the deceased’s estate as a result of the death. These damages may include final medical expenses, lost earning capacity, mental and emotional anguish – and reasonable funeral and burial expenses.

What Funeral Expenses Can You Recover in Wrongful Death Claims?

In a Texas wrongful death claim, you and your family can claim compensation for the funeral and burial expenses associated with your loved one’s death. You may not receive these funds until years after you hold the funeral, so they are more of a reimbursement than up-front payments. You can claim compensation for the following funeral expenses in a Texas wrongful death claim.

• Hearse rental and other transportation costs
• The casket and tombstone
• Receiving the death certificate
• The funeral home rental
• Standard funeral services

How to Prove a Wrongful Death Claim in Texas

In order to successfully obtain compensation for your loved one’s funeral and burial expenses, you and your wrongful death attorney will have to successfully establish negligence in your lawsuit. To do so, you and your attorney will have to prove four conditions in Texas civil court.

• First, you must prove that the person who caused your loved one’s death owed him or her a duty of care.
• Next, you must prove that the at-fault party breached his or her duty of care to your loved one.
• After establishing the breach, you must prove that the breach of duty was the primary cause of your loved one’s death.
• Finally, you will need to prove that your loved one and your family suffered from losses and damages as a result of your loved one’s death that you can recover in your settlement.

If you lost a loved one in an accident caused by someone else’s negligence, you can claim compensation for your and your family’s losses and your loved one’s burial expenses through a wrongful death lawsuit. Contact a Texas wrongful death attorney as soon as possible to begin the claims process.