When you have lost a loved one in a car accident, we understand the great deal of turmoil you and your family must be experiencing. If you discover that their death was caused by another driver’s preventable negligence, you may be entitled to pursue compensation for your suffering. Contact a Dallas fatal car accident lawyer at MR Civil today.
What Happens When You Lose a Loved One In A Fatal Automobile Accident?
Over the last three years, our firm has won more than $1.7 million for our clients. Even though no amount of money can compensate for your tragic loss, our Dallas wrongful death attorneys are dedicated to helping you throughout the entire legal process and passionately fight on your behalf.
Common reasons for fatal car accidents that you could pursue financial help for include:
Like most states, Texas places limits on who may file a wrongful death claim. These limits serve to prevent distant relatives from profiting off of a relative’s death and restrict the action only to those who directly suffer damages from the death. In Texas, the following people may follow a wrongful death lawsuit:
A family representative of the above
Proving Liability in a Fatal Car Accident Claim in Texas
If an accident was preventable if only another party had taken reasonable actions, that party is liable for damages in a personal injury claim or wrongful death case. The other driver in a car accident claim is the most common liable party after an accident, but liability could also lie with a negligent road maintenance department or the manufacturer of a defective car part. A Dallas car accident attorney will investigate the circumstances of the accident to identify the liable party. Proving liability requires demonstrating the following:
That the party at fault owed a duty of care to take reasonable measures to prevent injury or death to others
That they breached this duty by acting with negligence or recklessness
That the breach of reasonable duty directly caused the injury or death
That the injury victim or their family suffered significant financial losses as well as pain, suffering, grief, and anguish
Once your Dallas personal injury attorney gathers the evidence to prove liability they’ll draft a compelling demand letter to the appropriate insurance company to gain compensation through a settlement. Only if the insurance company doesn’t offer an acceptable settlement does the case proceed to a civil lawsuit in court.
Taking Action Right Away is Critical
We understand that you need to take the time to grieve over the loss of your loved one, but unfortunately, it’s important to file a claim as quickly as possible after the accident took place. The faster we acquire the evidence necessary to prove negligence of the at-fault party, the more time you can cope with family and put the agony of the wrongful death case behind you.
Statute of Limitations in Texas Car Accident Claims
Texas places a 2-year limit on personal injury and wrongful death lawsuits, including those from car accidents. By filing a claim as soon as you know the extent of your damages, your attorney will have ample time to negotiate a settlement with time left under the state’s statute of limitations to file a lawsuit if required.
Most wrongful death and personal injury claims settle out of court, so it’s unlikely that the grieving family member will have to testify in a courtroom; however, a confident car accident lawyer in Dallas is more than ready to argue the case in court if it’s required to secure an ample jury award for compensation.
Damages in a Dallas Fatal Car Accident Claim
When an accident causes serious injuries or death, the family members left behind have the right to file a compensation claim. Surviving family members could recover compensation for the following damages:
Medical expenses incurred before the death
Funeral and burial expenses
Loss of income
Loss of benefits such as health insurance and retirement funds
Loss of a loved one’s service
Grief and anguish
Though financial compensation cannot erase emotional damages like grief and anguish, it can relieve financial burdens so those left behind can focus on moving forward from their grief.
Understanding Wrongful Death vs Criminal Charges in Dallas
Wrongful death claims are not the same as pressing criminal charges. While criminal charges focus on punishing the wrongdoer, a civil lawsuit for wrongful death focuses on compensating the surviving family members. A wrongful death claim can proceed regardless of any pending criminal charges in the case and independent of a verdict in criminal court.
Get a Free Consultation with Our Experienced Wrongful Death Lawyers
With years of experience and proven testimonials from satisfied clients, we have what it takes to get you the results you need. Our firm never settles for less than expected and are always available 24/7 if you have any questions or concerns regarding your claim and your rights.
Call us today at (214) 739-0100 to set up an initial appointment today!