Can I File a Wrongful Death Claim After Losing a Loved One in a Fatal Car Crash?

 Posted on June 07, 2021 in Wrongful Death

If your spouse, parent, child, or other loved one died in a fatal car accident, you may have a valid wrongful death claim. Like a personal injury claim, a wrongful death claim is a civil legal action that is used to seek restitution in the form of monetary damages. Unlike a personal injury claim, however, a wrongful death lawsuit is brought on a deceased person’s behalf by a representative of the deceased person. A wrongful death claim can hold the at-fault party or parties accountable for the devastation that the party’s actions caused you and your family.

Understanding Texas Wrongful Death Lawsuits

According to Texas law, a wrongful death is a death that is caused by another party’s wrongful or negligent actions or inaction. The liable party in a fatal car accident may be another driver, a commercial business such as a trucking company or product manufacturer, a government entity, or a combination of several parties. Many wrongful death cases involve:

• Driving under the influence of alcohol or drugs
• Vehicle defects including defective tires, faulty brakes, or problems with the car’s computer system
• Speeding, running a red light, or other traffic law violations
• Trucking company negligence
• Failure to properly load and secure truck cargo
• Truck driver fatigue
• Reckless driving

Damages in a Fatal Car Crash Wrongful Death Lawsuit

A wrongful death lawsuit serves two main purposes: Holding the at-fault party accountable for the avoidable death and securing financial compensation for the surviving loved ones. No amount of money can make up for your tragic loss. However, monetary damages can alleviate some of the financial burden created by an unexpected death. Damages in a wrongful death case often include:

• The loss of the deceased person’s income and financial support
• The loss of the services that the deceased person provided the family such as childcare and home maintenance
• The loss of the intangible benefits provided by the deceased person including the deceased person’s care, companionship, and support
• Mental distress suffered by surviving loved ones
• Lost inheritance experienced by the surviving loved ones

In some cases, exemplary damages or punitive damages are also awarded. These damages are additional to compensatory damages and are only awarded in cases involving gross negligence or willful misconduct.

Contact an El Paso Wrongful Death Lawyer

If your loved one was killed in a fatal car accident, motorcycle accident, or truck accident, a wrongful death lawsuit may help you hold the at-fault party responsible for your family’s loss. You may also be entitled to monetary damages. Contact a Sierra Blanca wrongful death attorney at the offices of James Kennedy, P.L.L.C. to learn more. Call us at 915-544-5200 today.

Source:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm