Losing a loved one in an unexpected and preventable accident is devastating. Unfortunately, these tragic events occur daily. Survivors experience tremendous suffering while wondering if they have any financial options to help cover some of the expenses associated with their loved one’s loss.
At Domingo Garcia law offices, we have more than 35 years of experience fighting for the families of those who lost their lives in an accident. We understand how traumatic and impactful these accidents can be on family members left behind. If your loved one suffered a fatal injury in a car accident, contact us today. We will go the extra mile to help you recover damages from those responsible.
How a Texas Fatal Car Accident Lawyer Can You Help Secure Compensation
There are several tasks required for a successful lawsuit. Our legal team can handle the following duties and more:
- Conduct a thorough investigation of the accident
- Collect evidence at the accident scene
- Talk to eyewitnesses of the accident
- Gather photos and surveillance video capturing moments before, during, or after the accident
- Obtain accident reports and your loved one’s medical records
- Communicate and negotiate with the insurance company
- File a lawsuit and continue negotiations
- Represent you in court if necessary
Our fatal car accident attorneys are capable of handling every aspect of your case. We will update you on developments and advise you on your options as your case proceeds.
Pursuing Compensation for a Texas Fatal Car Accident
There are multiple options for pursuing compensation for a loved one’s accidental passing. One is through the at-fault driver’s auto insurance. A personal injury attorney can file your claim on your behalf using the evidence needed to prove the other party was responsible for the accident and your loved one’s fatal injuries. This may result in a quick settlement, but issues often arise with these claims.
For example, many drivers opt for the minimum required liability coverage to reduce the cost of their premiums. In Texas, this minimum is $30,000, and in many cases, it may not be enough to fully compensate survivors for their loved ones’ medical expenses and future lost earnings. Also, this coverage does not provide for personal losses, such as emotional suffering.
The other option is to file a wrongful death claim. It’s important to speak with a Texas attorney who handles fatal car accident cases before deciding how to move forward. They will ensure your claim meets all the requirements established under the law and advise you on which options may be the best way to proceed.
Who Can File a Texas Wrongful Death Claim After a Fatal Car Accident?
Under Texas law, certain close family members may pursue compensation for the death of their loved one. These include the decedent’s surviving spouse, biological and adopted children, and parents.
If there are no surviving qualifying beneficiaries from the decedent’s family, or they do not file a claim within 90 days following their passing, the decedent’s executor of their estate may file a claim on behalf of other potential beneficiaries.
What Compensation Can Be Awarded in a Texas Fatal Car Accident Lawsuit?
The purpose of pursuing compensation is not to place a value on a loved one’s life. Instead, it is to cover the family’s expenses and provide some justice for their personal losses, such as emotional anguish. Several factors determine the value of a wrongful death case, depending on the details of your unique circumstances. For example, the decedent’s income and earning capacity can affect the compensation awarded.
Potential damages claimed in a lawsuit include the following:
- The decedent’s medical bills
- Funeral, burial, and cremation expenses
- Loss of future earnings and potential inheritance
- Emotional pain and suffering
- Loss of companionship and affection
- Lost care, support, and services formerly the loved one provided
In some cases, the family may seek punitive damages if intentional acts or egregious conduct by the at-fault party caused the loved one’s death.
Domingo Garcia has won numerous settlements and awards in the millions for our clients. Some of our clients have received more than $7,000,000 in compensation. Let our experience help you seek justice.
What Is the Statute of Limitations to File a Wrongful Death Claim in Texas?
Texas limits the time in which family members can file a wrongful death claim to two years following the loved one’s passing. Once this deadline has passed, it may not be possible to secure compensation for any losses incurred. A Texas fatal car accident attorney will file your claim correctly and before the statute of limitations expires.
How do You Prove Negligence and Liability in a Wrongful Death Claim?
Wrongful death lawsuits typically hinge on the legal concept of negligence. This means the other party failed to act in a reasonable manner expected of another person in similar circumstances.
There are four elements needed to establish another driver’s negligence and liability, which include the following:
- Duty of care: All drivers on the road, including the other party, have a legal responsibility to others to drive safely and avoid actions that could cause harm to another person or property.
- Breach of duty: If the other driver violated their legal responsibility to others by driving drunk or recklessly, this is a breach of duty.
- Causation: The driver’s breach of duty was the proximate or actual cause of a loved one’s death. For instance, a reckless driver failed to obey a traffic light and hit your loved one’s car.
- Damages: The family members pursuing compensation incurred losses related to their loved one’s passing, such as pain and suffering or loss of income. These are the damages in a wrongful death claim.
A fatal car accident lawyer can collect the evidence needed to prove these elements and calculate the value of your losses to be pursued as compensation.
Consult With a Texas Fatal Car Accident Attorney Today
The unexpected death of a loved one can cause a family a tremendous amount of anger, sadness, and grief. A personal injury lawyer who handles wrongful death cases can guide and support you while helping you navigate the complex process of securing fair compensation. Contact Domingo Garcia today for a free consultation and to learn more about your legal rights and how you can achieve justice for your loved one.
