If you have lost a loved one in a fatal car accident, you may be able to bring a lawsuit against the other parties involved if they were at fault. While money will never replace the loss of a loved one, it can certainly help to ease the financial burden many people face in this situation.
What am I entitled to for a wrongful death case?
When you pursue a wrongful death claim in Texas, your car accident attorney will help you prove that the other party was negligent, first and foremost, and that their negligence directly led to the wrongful death of your family member. You may be entitled to compensation for the following:
- Financial costs for the funeral or burial services
- Loss of income from the deceased
- Damage of property
- Medical bills, sustained between the time of the accident and your loved one’s passing
- Loss of companionship
- Pain and suffering
- Punitive damages, intended to punish the negligent driver so that they do not act in such a fashion in the future
The sooner you start building your case with the help of a wrongful death car accident attorney, the more time you will have to properly seek the compensation you deserve.
What is the deadline to file claims?
The deadline of filing a wrongful death suit in Texas is two years from the date of your loved one’s passing. If, for example, your loved one passed away immediately at the scene of the accident, the deadline would be two years from the date of the accident. But if your loved one was hospitalized for a period of time and ultimately died as a result of the accident, that two-year deadline would begin at the time of their passing. It is best to speak with a wrongful death attorney who can review the details of your case and help you file your claim in time.
Who can file a claim for wrongful death?
In the state of Texas, the spouse, parents, or children of the deceased can legally file a claim. Children do not have to be under the age of 18 to do so. However, only one case can be filed for each deceased individual. This means that the widow of the deceased and the child of the deceased cannot file separate actions.
How does a wrongful death case work?
If you pursue a wrongful death claim, your attorneys will handle the case similarly to other car accidents with the main difference being that the plaintiff is not the victim of the car accident but rather a family member filing on behalf of the deceased.
This means that with the help of a personal injury attorney, you will have to gather evidence and document as much as you can to a) establish negligence and b) prove that the negligence led to the car accident and the subsequent wrongful death of your loved one. You will have to show proof of medical costs between the time of the accident and the time of your loved one’s passing, funeral costs, and loss of income.
Contact a Car Accident Attorney in Texas Today
An attorney will help you determine if you have a case and what steps you must take to file a claim. At Heygood, Orr & Pearson, our qualified car accident attorneys can review the details of your case and provide the guidance you need. Contact us for your free consultation at (877) 446-9001.