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5 facts about wrongful death claims after a car accident

On Behalf of | Oct 11, 2023 | Car Accidents, Wrongful Death |

A loved one’s death after a car collision alters the lives of surviving families forever. Unfortunately, it becomes especially painful if a reckless driver is behind it.

Depending on how family members cope with the unimaginable grief, some feel like taking legal action against liable parties only makes them relive the trauma of learning about their loss.

However, surviving families must know that learning about wrongful death claims is a step closer to achieving justice, healing and closure.

Pursuing a wrongful death suit

The Texas Department of Transportation reveals that Texas roadways did not have deathless days in 2022. Among reportable traffic crashes, almost every two hours, a driver’s wrongful actions cause someone’s premature death.

Surviving families can be their deceased loved one’s voice by using the following information to take proactive steps:

  • Qualification: The surviving spouse, parents or children are eligible to file a wrongful death suit. Unlike other states, Texas law does not allow siblings to file a claim.
  • Proof: After determining who will represent the family in the case, establishing proof is crucial. They must show how a driver breached their duty of care through negligence or carelessness that led to their loved one’s death.
  • Damages: Surviving family members can recover economic and noneconomic damages, including funeral and burial expenses, lost wages and companionship, and lost domestic services and support.
  • Deadline: Surviving families can only receive compensation if they file on time, which is within two years from the crash.
  • Distribution: The amount the court awards and who will receive how much often depends on whether the case goes to trial or not.

When insurance companies come into the mix, these considerations can quickly become contentious. Thus, surviving families must prepare to fight for their rights in a potentially complex battle ahead.

Pursuing peace of mind

No one ever really gets over losing someone they love. Painful memories almost always stay with them. However, the most effective way to overcome trauma and heal is by facing it. Surviving families always have a choice not to deal with it alone. Their legal team can be their primary support system. They can aggressively correct past wrongs and secure a peaceful future by working on fair compensation and holding parties accountable.