
Statistics on car accidents in Houston reveal that fatal car accidents are unfortunately common. If someone close to you dies suddenly in a crash, it’s understandable to feel overwhelmed and heartbroken.
After taking time to grieve, though, your family might want to consider filing a wrongful death claim. This claim can help hold the responsible party accountable and may provide some financial compensation during such a difficult time.
That’s why, in this blog post, we’ll discuss the steps you can take after losing a loved one in a car accident. Next, we cover how to file a wrongful death claim in Texas.
We’ll cover the basics of what a wrongful death claim is, who can file it, and what evidence you need to build a strong case.
Additionally, we’ll explain the differences between a wrongful death claim and a survival action, as well as the Texas laws that could impact your case.
Finally, we’ll explore the types of compensation you may be entitled to and why having an experienced wrongful death attorney is crucial for navigating this difficult legal process.
What to Do If Your Loved One Dies in a Car Crash
In some wrongful death cases, car accident victims pass away instantly. In other auto accidents, victims might survive for a short time before succumbing to their injuries.
One of the most important things you can do after a fatal car accident is gather evidence.
This will be the foundation of your wrongful death claim or any related insurance claim.
You, or your personal injury attorney, will want to collect medical records, police reports, witness statements, and any other information that shows what happened and who is at fault.
Photos, videos, and expert testimony from accident reconstruction specialists can also strengthen your case.
These details can help you and surviving family members build a strong case to seek justice and compensation for the loss of your loved one.
The most important step however is speaking with an experienced personal injury lawyer.
Why?
An, experienced wrongful death attorney knows insurance company settlement tactics. We can handle negotiations with the insurance company to get a fair wrongful death settlement.
Your wrongful death attorney might advise you to file a wrongful death lawsuit or a survival action, depending on the relationship you had with the deceased and the insurance negotiations.
Who Can File a Wrongful Death Claim in Texas?
Each state has its own rules for who can file a wrongful death claim. In Texas, the following people can file a wrongful death suit:
– The deceased person’s surviving spouse
– Their surviving minor or adult children, whether biological or adopted
– Their surviving parent(s), whether biological or adoptive
– The personal representative of the deceased’s estate
It’s important to act quickly.
While it’s always best for a family member to file the claim as soon as possible, if they don’t do so within three months, the personal representative of the estate can file the claim.
It’s worth noting that a wrongful death claim is a civil action, meaning it’s separate from any criminal charges the responsible party might face.
Without filing a wrongful death lawsuit, there won’t be any payment or compensation for the family, even if the at-fault party is convicted of a crime.
What Is a Survival Action in Texas?
In most cases, wrongful death actions are filed when a person dies instantly in a car crash.
But if the person lives for a time before dying from their injuries, families might also consider filing a survival action.
This type of legal claim is discussed under Chapter B of the Texas Civil Practice and Remedies Code § 71.002.
A survival action is similar to what a personal injury lawsuit would have been if the decedent had survived.
The deceased’s estate can file this type of action to recover costs like medical bills, lost wages, and property damage—expenses that would have been claimed if the person were still alive.
The same family members who can file wrongful death claims are also eligible to file survival actions.
Handling both types of claims can be complex, which is why working with a skilled wrongful death lawyer is essential.
Remember, a wrongful death claim focuses on the family’s pain and suffering, while a survival action seeks compensation for the injuries and suffering of the person who passed away before their death.
Texas Laws That Affect Your Wrongful Death Claim
Several laws in Texas can impact your wrongful death claim.
One of the most important is the statute of limitations.
The wrongful death statute says you only have two years from the date of the victim’s death to file a wrongful death lawsuit.
If you miss this deadline, you could lose your right to take legal action and may be stuck paying out-of-pocket for any costs related to your loved one’s death.
However, there are a few exceptions to this rule. These include:
– If the plaintiff is a minor: If a child under 18 is filing the claim, the two-year limit doesn’t start until they turn 18.
– Undiscovered negligence: If the family doesn’t discover the defendant’s negligence until after the two years have passed, they might still be able to file a claim.
– If the plaintiff is incapacitated: If the person filing the claim is physically or mentally unable to do so within the two-year window, the time limit might be extended.
– Fraud: If the death was caused by fraud that wasn’t discovered until later, the statute of limitations may not begin until the family finds out about the fraud.
Working with a lawyer will help you navigate these deadlines and exceptions. They will make sure your paperwork is filed on time, so you don’t lose your chance to seek compensation. This allows you to focus on grieving and healing while they handle the legal details.
Damages You Can Seek After a Texas Wrongful Death
When a loved one dies suddenly in a car crash, you might be tempted to accept a quick insurance settlement just to move forward. However, this is exactly what the insurance company wants, as it helps them limit their financial responsibility.
Speaking with a lawyer before agreeing to anything can help ensure you receive fair compensation.
Here are some types of damages your family might be able to recover:
– Financial losses: These include the cost of medical expenses, funeral expenses, burial expenses, and the loss of the deceased’s financial support.
– Loss of inheritance: This refers to the assets the deceased would have built if they had lived.
– Mental anguish: This includes the emotional pain and suffering your family experiences from the death of a loved one.
To receive full compensation, your lawyer will need to prove the driver’s negligence.
They’ll present evidence showing how the at-fault driver owed a duty of care to drive safely but failed to do so. They’ll also demonstrate the harm caused by this negligence, including both economic and non-economic losses, like the emotional impact on your family.
Why You Need an Experienced Attorney for a Wrongful Death Claim in Texas
Attorney Steve Lee and his team are here to help.
We’ll listen to your story and provide guidance on how to move forward with your car accident case.
With our support, you’ll be able to seek justice for your loved one and ensure that your family receives the compensation they deserve.
If you’re ready to learn more about your legal rights, contact the Houston car accident lawyers at Steve Lee today. You can schedule a free consultation with the legal team at Steve Lee’s office by filling out an online form, calling, or using the live chat feature on their website.