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Originally Posted On: https://www.oharelawfirm.com/car-accident/pursuing-a-wrongful-death-claim-after-a-fatal-car-accident/
Losing a loved one in a car accident is one of the most tragic and devastating experiences a family can go through. It can be especially difficult if the accident was caused by the negligence or recklessness of another driver. Pursuing a wrongful death claim in Texas can be a complex and emotional process, but it may be necessary to hold the responsible party accountable and receive compensation for the damages caused. Below, we will decode what a wrongful death claim is and answer some related FAQs.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the family members or beneficiaries of a person who died as a result of the negligence, recklessness, or intentional act of another person or entity. The purpose of the claim is to seek compensation for the damages caused by the death, including funeral expenses, medical bills, lost wages, and emotional suffering.
Who Can File a Wrongful Death Claim in Texas?
In Texas, the right to file a wrongful death claim is limited to certain family members and beneficiaries of the deceased. The following parties may file a claim:
- The surviving spouse of the deceased;
- The children of the deceased, including adopted children;
- The parents of the deceased, including adoptive parents; and
- The executor or administrator of the deceased’s estate.
If none of these parties file a wrongful death claim within three months of the death, any other person may file the claim.
What Must be Proven in a Wrongful Death Claim?
To successfully pursue a wrongful death claim in Texas, the plaintiff must prove the following elements:
- The defendant had a duty of care to the deceased;
- The defendant breached that duty of care;
- The breach of duty caused the death of the deceased; and
- The death resulted in damages to the plaintiff.
For example, if Driver A runs a red light and crashes into another car, killing Driver B, the family of deceased Driver B may file a wrongful death claim against Driver A. The family must prove that Driver Ar had a duty to obey traffic laws, that the driver breached that duty by running the red light, that the driver’s actions caused the death of their loved one, and that the family suffered damages as a result.
How Long Do You Have to File a Wrongful Death Claim in Texas?
In Texas, the statute of limitations for filing a lawsuit on a wrongful death claim is two years from the date of the deceased’s death, assuming the deceased passed away on the date of the incident. It’s important to file a claim as soon as possible to preserve evidence and ensure the best possible outcome.
What Damages Can You Recover in a Wrongful Death Claim?
In a wrongful death claim, the plaintiff can seek compensation for a variety of damages, including:
- Funeral and burial expenses;
- Medical bills related to the deceased’s final injury or illness;
- Lost earning capacity of the deceased;
- Lost inheritance;
- Loss of companionship, support, and society (also known as loss of consortium); and
- Mental anguish and emotional suffering.
It’s important to note that in Texas, punitive damages, which are meant to punish the defendant for their conduct, are only awarded in certain cases of gross negligence or willful misconduct.
Hiring an Attorney for a Wrongful Death Claim
Pursuing a wrongful death claim is usually a difficult and emotional process, and it’s important to have an experienced attorney on your side to guide you through the legal process. An attorney will help guide you through the process of gathering evidence, negotiating with insurance companies, and will represent you in court if necessary.
Conclusion
Losing a loved one in a car accident is a heartbreaking experience, and pursuing a wrongful death claim may be necessary to hold the responsible party accountable and receive adequate compensation for the damages caused. If you’re considering filing a wrongful death claim in Texas, it’s important to understand the legal process and seek the guidance of an experienced attorney.
At The Law Offices of Tim O’Hare, we know that coping with the wrongful death of a loved one can be an arduous ordeal. The loss of a cherished family member due to the negligent actions of another can be a daunting and overwhelming experience. Our experienced Wrongful Death Attorneys are committed to assisting those navigating the legal process to ensure accountability for the wrongdoer. By taking action, you may be able to find closure and move forward from this. Contact our Dallas car accident attorneys for a free consultation, and we’ll help you get back on the road to recovery
