There are numerous hazards associated with driving. From severe weather to negligent motorists, these risks can result in devastating—and even fatal—motor vehicle accidents. If your loved one passed away in a fatal car accident through no fault of their own, you could have grounds for legal action. Our Houston fatal car accident lawyer could help you evaluate your legal options moving forward.
The prospect of pursuing a wrongful death action might be overwhelming to some people, especially on their own. Thankfully, you have the right to hire legal counsel to guide you through this difficult time. Our Houston car accident lawyer could provide you with the guidance you need to hold the responsible party accountable.
Our Houston car accident attorneys have a long history of multi-million dollar settlements in fatal car accident and truck accident cases.
What does Our Houston Fatal Car Accident Attorney Do?
Our fatal car accident lawyer handles all the legal tasks in your case, including:
- Proving the at-fault party’s negligence
- Speaking to all other parties involved in your case
- Gathering evidence
- Hiring expert witnesses
- Preparing your case for court, if necessary
- Explaining your legal options for seeking justice
- Keeping you up to date on your case’s status
One benefit to hiring an attorney from Domingo Garcia is that when your case is off your hands, you have more time to spend with your family. We extend our condolences for your loss, and we are ready to do what it takes to help your family seek justice.
Recoverable Wrongful Death Damages After Houston Fatal Car Accidents
If your loved one passed away in a fatal car accident, it is helpful to understand which wrongful death damages your family could recover.
Only certain surviving relatives of the decedent may file wrongful death actions. These lawsuits cover the financial and emotional losses that impact those survivors. In Texas, this includes:
- The mental anguish of surviving family members
- Lost earning capacity
- Lost inheritance
- The money the decedent could have left for your family if they survived the accident
- Loss of companionship and society
- Lost support, advice, and counsel the decedent provided for your family
We will analyze your case to determine which damages you may recover. Although these damages do not make up for the unexpected passing of your loved one, they can help your family remain financially afloat.
Who Can File a Fatal Car Accident Lawsuit in Houston?
Surviving family members of the decedent may file a wrongful death lawsuit, but not every person related to them has the right to pursue legal action. There are limits under the law on who can file a lawsuit following a fatal car accident.
Only the immediate family of the decedent has the right to file a lawsuit following a fatal car accident. This right extends to that person’s spouse, parents, and children. Any of these qualifying family members have the right to pursue this type of legal case, either on their own or together.
It is also important to understand that there are situations where the decedent’s estate could file a wrongful death action along with a survival lawsuit. If there are no surviving relatives, the right to file this suit falls to the estate.
How Long do You Have to File a Wrongful Death Action?
The window of time you have to file a wrongful death action following a fatal car accident is not unlimited. Like all civil cases, you must file your wrongful death lawsuit according to the time frame found in the statute of limitations. The appropriate statute of limitations for wrongful death cases is Texas Civil Practice & Remedies Code § 16.003.
Under the statute of limitations, you generally have two years to file your lawsuit. There are consequences that come into play when you do not file a wrongful death action before the statute of limitations expires. In these cases, the defendant typically files a motion to dismiss the case with prejudice right away.
Often, a judge will have no choice but to grant that motion. A dismissal with prejudice ends your case and prevents you from ever pursuing it again in the future. Although there are some exceptions that could toll—or pause—the statute of limitations, it is risky to assume they apply to your case. Your best option for protecting your right to pursue justice is to get started on your case right away.
What does It Cost to Hire Our Houston Fatal Car Accident Attorney?
Many families already concerned about the financial strain of losing a loved one might not consider the prospect of hiring an attorney to pursue a fatal car accident lawsuit. However, the cost of legal counsel is more affordable than you might realize. Our firm takes these cases on something known as a contingency-fee basis. With this approach to legal fees, you will not owe us anything unless we collect compensation on your behalf.
Our firm gets to work on your case without charging you any upfront legal fees. We aggressively pursue compensation on your behalf at no cost to you, and we will work tirelessly to secure the outcome you deserve.
If we recover compensation on your behalf, we collect our legal fee by keeping a percentage of your settlement. This percentage is set at the beginning of your case and will never change. What’s more, you risk nothing out-of-pocket by pursuing legal action against the negligent party.
Talk to Our Team About Your Fatal Car Accident Case
Our firm is proud of the case outcomes we have secured for injury victims and survivors over the years. We have aggressively pursued justice for the families of those who lost their lives in fatal car accidents, and we have done so while providing compassionate legal representation to their surviving family members.
If you believe you have a case for compensation following a fatal accident, the Domingo Garcia team is ready to help. Let our Houston fatal car accident lawyer take on your case and advise you on how to proceed. Reach out today for a free consultation.