Losing a loved one in a Texas car accident is a devastating experience. Those left behind are often faced with unexpected financial burdens, unanswered questions and uncertainty about their legal rights, all at a time when grief is overwhelming.
The law can’t make things right. However, pursuing a wrongful death claim may help surviving family members get financial compensation and provide some measure of relief.
Wrongful Death Claims in Texas
Under Texas law, a wrongful death claim may arise when a person dies because of another party’s negligent, reckless or wrongful actions. In the context of a car accident, this may include situations involving distracted driving, speeding or drunk driving.
Wrongful death claims aren’t always tied to car accidents, but crashes are one of the most common areas where negligence can prove fatal.
What Is Included in a Wrongful Death Claim?
A wrongful death claim seeks compensation for losses suffered by surviving family members. Damages may include the loss of financial support, companionship, guidance and emotional care. In some cases, families may also be able to recover compensation for mental anguish and funeral or burial expenses.
The nature of the relief available depends on many factors, including your specific situation. The first key to getting proper compensation after a fatal car accident is to seek experienced legal guidance from a Texas personal injury attorney.
Building a Successful Claim
To succeed in a wrongful death case, the claimant must generally show that another party’s negligence caused the accident and subsequent death. This often requires a thorough investigation and the collection of evidence. Insurance companies may conduct their own investigations in an attempt to minimize liability or reduce the value of a claim.
Once you establish that the other party is at fault, you must support your damage claims with evidence. How much you are owed depends on your ability to demonstrate the impact of your loss.
The legal process may involve settlement negotiations or litigation in court. Many wrongful death claims are resolved through negotiated settlements, but some cases proceed to trial when the parties cannot reach an agreement.
Throughout the process, your attorney can help explain legal requirements, communicate with insurance companies and advocate for your best interests.
Don’t Let Time Run Out on Your Claim
It is important to be aware of the statute of limitations. In most cases, Texas law requires wrongful death lawsuits to be filed within two years of the date of death. Missing this deadline may prevent you from pursuing compensation, although some exceptions can apply in certain circumstances.
Contact a Texas Wrongful Death Attorney
Pursuing a wrongful death claim can be a complex and emotionally challenging process. While legal action cannot undo your loss, it may provide a path toward accountability and financial security for your family.
The attorneys at Fell Law Firm can help you understand your options, guide you through each step of the process, and advocate for your best interests. Call us at 972-450-1418 or contact us online to schedule an appointment.
