The Texas laws for wrongful death actions allow the surviving spouse, children, and parents of the deceased to file a claim for damages resulting from the death of their loved one.
A fatal car accident can be a case of wrongful death if another’s negligence caused the accident. In most cases, the other driver will be liable for causing the fatal injuries, and you may be eligible to file a wrongful death claim against those responsible.
Eligibility to File a Wrongful Death Claim In Texas
To file a wrongful death claim in Texas you must prove that you are the spouse, child, or parent of the deceased. The death must have occurred because of negligent actions by another party and claimants must establish liability for the death. In the case of car accidents, your family will have to provide evidence that shows the other driver (or another responsible party) was at fault for causing the crash.
This process is where an attorney is helpful in preparing your claim. Claimants cannot establish a wrongful death claim unless there is proof that the death was because of another party’s negligence.
Another factor to consider in filing a wrongful death claim is time. The Texas statute of limitations establishes that your family must file the wrongful death action within two years of the death. If one of the eligible immediate family members have not filed a claim within three months of the death, the executor or administrator of the deceased’s estate may bring the action.
Transitioning a Personal Injury Claim to a Wrongful Death Claim
Some serious injuries (such as those resulting in coma, brain damage, and spinal cord damage) do not immediately result in death. In these situations, the victim and your family may have already filed a claim for personal injury against the negligent driver. If the injury eventually results in your loved one’s death, the personal injury case remains intact in what is known as a survival action.
It is important to work with a personal injury attorney who has experience handling cases of wrongful death, as the laws and settlement process differ in these cases. Rather than seeking compensation for long-term damages done to the victim, the damages in a wrongful death action will reflect the burden and losses of the family of the deceased.
Not all personal injury attorneys have the resources and ability to pursue a wrongful death claim, so it is an important question to ask when you are seeking legal counsel.
Personal Injury and Wrongful Death Attorneys: The Law Office of Julie Johnson
The team at The Law Office of Julie Johnson has been the choice of many Dallas families who are dealing with the loss of a loved one. Fatal car accidents are just one of the many cases that can result in a wrongful death, and Julie’s team is here to help your family recover financially and emotionally. Contact The Law Office of Julie Johnson today to schedule a free consultation regarding your case and learn how our attorneys ease the burden of the legal process following the death of a loved one: 214-290-8001.