Losing a loved one in a car accident is one of the most painful experiences a family can endure. Beyond the emotional turmoil, the financial challenges can be overwhelming.
Questions about how to pay medical bills, cover funeral expenses, and replace lost income often arise after such a tragedy. While no amount of compensation can truly make up for the loss, pursuing a wrongful death lawsuit can provide financial support and hold the at-fault driver accountable.
This guide explores what constitutes a wrongful death, the damages you may recover, and the legal process involved. If you’ve experienced the loss of a family member due to someone else’s negligence, the wrongful death attorneys at Francis Injury Car & Truck Accident Lawyers are here to help you seek justice.
What Is a Wrongful Death?
In Texas, wrongful death is defined as the loss of a life caused by another party’s negligent, reckless, or intentional actions. A wrongful death lawsuit allows surviving family members to seek compensation for the financial and emotional impact of their loved one’s death.
Common Causes of Wrongful Death in Car Accidents
Wrongful deaths in car accidents often result from preventable behaviors or conditions, including:
- Drunk Driving: Operating a vehicle under the influence of alcohol or drugs is reckless and often leads to fatal accidents.
- Speeding: Excessive speed reduces reaction times and increases the severity of collisions.
- Distracted Driving: Engaging in distractions like texting, eating, or adjusting the radio often results in deadly mistakes.
- Reckless Driving: Aggressive behaviors such as tailgating, unsafe lane changes, and ignoring traffic signals commonly lead to accidents.
- Vehicle Defects: Faulty brakes, tires, or other parts may make manufacturers liable for the accident under product liability law.
- Poor Road Conditions: Inadequate signage, poorly designed roads, or potholes can contribute to fatal accidents, raising the question of governmental negligence.
If your loved one’s death resulted from any of these factors, contacting a wrongful death attorney can help you understand your legal options and determine liability.
What Damages Can You Recover in a Wrongful Death Claim?
Wrongful death claims aim to provide compensation for both economic and non-economic losses.
Economic Damages
- Medical Expenses: Covers costs incurred before the deceased passed away, such as emergency care, surgeries, and hospital stays.
- Lost Wages: Includes income lost during the deceased’s final days and projected earnings they would have provided in the future.
- Funeral and Burial Costs: Covers expenses for memorial services, burial fees, and related costs.
- Loss of Benefits: Compensation for lost retirement benefits, health insurance, or other financial contributions the deceased would have provided.
Non-Economic Damages
- Loss of Companionship: Compensation for the emotional loss of a spouse, parent, or child.
- Pain and Suffering: Reflects the physical pain and emotional distress experienced by the deceased and their family.
- Loss of Guidance: Addresses the absence of parental support and mentorship for children.
- Emotional Distress: Acknowledges the profound grief and mental anguish endured by surviving family members.
Punitive Damages
The court may award punitive damages in cases involving extreme recklessness or intentional harm, such as drunk driving. These damages serve to punish the at-fault party and deter similar behavior.
How to Prove Negligence in a Wrongful Death Lawsuit
To succeed in a wrongful death lawsuit, you must prove that the at-fault party’s negligence caused your loved one’s death. This involves demonstrating the following elements:
- Duty of Care: The defendant had a legal obligation to act responsibly and avoid causing harm to others.
- Breach of Duty: The defendant violated this duty through negligent or reckless behavior.
- Causation: The breach directly caused the accident and the resulting death.
- Damages: The plaintiff suffered financial and emotional losses due to the death.
Building a Strong Case
Gathering evidence is critical in establishing negligence. Your attorney may use the following to build a compelling case:
- Accident reconstruction experts will explain how the crash occurred.
- Witness statements to corroborate your account of events.
- Police reports detailing the incident and citations issued.
- Medical records linking injuries to the accident.
- Surveillance footage, if available, to show the events leading up to the crash.
Who Can File a Wrongful Death Lawsuit in Texas?
Under Texas law, only specific family members are eligible to file a wrongful death lawsuit:
- Spouses: Surviving husbands or wives of the deceased.
- Children: Both biological and adopted children.
- Parents: Biological or adoptive parents of the deceased.
If none of these parties file a claim within three months of the death, the estate’s executor or administrator may pursue a claim. However, the surviving family members can prevent the executor from filing.
Statute of Limitations for Wrongful Death Cases in Texas
In Texas, the statute of limitations for wrongful death lawsuits is two years from the date of the death. Missing this deadline could forfeit your right to seek compensation. While exceptions exist, such as discovering new evidence or fraud, acting promptly to preserve evidence and protect your rights is important.
Wrongful Death vs. Survival Actions
While wrongful death claims focus on the losses experienced by surviving family members, survival actions address the damages the deceased endured before their death.
Key Differences
- Wrongful Death Claims: Compensate family members for the emotional and financial losses caused by the death.
- Survival Actions: Compensate the estate for the deceased’s pain and suffering, medical expenses, and lost wages before passing.
In some cases, these claims can be filed together, providing comprehensive compensation for the family and the deceased’s estate.
Steps to Take After Losing a Loved One in a Fatal Car Accident
The aftermath of a fatal car accident is overwhelming. While grieving, you may also face legal and financial challenges. Here’s how to proceed:
- Consult an Attorney: A wrongful death lawyer can evaluate your case, explain your legal options, and handle the claims process.
- Preserve Evidence: Keep records of medical bills, funeral expenses, and correspondence with insurance companies.
- Avoid Speaking with Insurers Alone: Let your attorney handle all negotiations to prevent insurers from minimizing your claim.
- Engage Counseling Services: Seek grief counseling or therapy to address emotional and mental health needs.
- Focus on Recovery: Allow your legal team to manage the legal process while you focus on emotional healing.
How Francis Injury Can Help
Losing a loved one in a car accident is devastating, but you don’t have to face the aftermath alone. The wrongful death attorneys at Francis Injury will:
- Investigate the accident to establish liability.
- Collect and preserve critical evidence.
- Calculate the full extent of your damages.
- Handle all communication with insurance companies.
- Advocate for you in court if a settlement cannot be reached.
Our team is dedicated to helping you secure the compensation you need to rebuild your life and honor your loved one’s memory.
Contact The Trial Lawyers at Francis Injury for a Free Consultation
If your family member died in a car accident caused by someone else’s negligence, you may be entitled to compensation. The wrongful death attorneys at Francis Injury are here to guide you through this challenging time with compassion and commitment. Contact us today for a free consultation to discuss your case and learn about your legal rights. Call 817-329-9001 or fill out our online contact form to speak with a lawyer.