Losing someone you love in a head-on collision can be a traumatic and devastating experience. While grieving, it may seem impossible to consider taking legal action. But if the accident was caused by another person’s negligence or recklessness, filing a wrongful death claim could provide some closure and help your family receive financial compensation for damages like lost financial support. Here is what you need to know about taking legal action after a loved one dies in a head-on collision.
Identifying Negligence or Recklessness That Led to the Accident
In order for any successful wrongful death claim, there must be evidence that another individual or party was negligent or reckless in their actions and directly responsible for causing the accident that resulted in the victim’s death. This means gathering physical evidence from the accident site (such as photos or video footage) as well as witness statements and police reports detailing how exactly the crash happened. The more evidence that can be provided, the stronger your case will be when it comes time to present it in court. Fortunately, you will not need to do this yourself. Work with an attorney experienced in wrongful death cases who can gather and preserve evidence to use during your claim.
Establishing Damages with an Experienced Personal Injury Attorney
An experienced lawyer will be able to accurately assess all economic and non-economic damages sustained by both yourself and other family members due to their loss—and make sure each of these damages is adequately reflected in any settlement offer made by those at fault for causing the crash.
Damages in an Texas wrongful death claim may include:
- Loss of financial support the deceased loved one provided to the family
- Loss of the deceased person’s work benefits
- Loss of parental instruction and guidance suffered by children
- Loss of consortium and loss of companionship
- Mental anguish, suffering, and grief
The statute of limitations is the amount of time you have to file a lawsuit after an incident occurs. In Texas, this period is two years from the date of the accident. It is important that you act quickly and begin building your case as soon as possible so that you don’t miss your window of opportunity for filing a lawsuit.
Contact our Houston Car Crash Injury Lawyer
If you lost a loved one in a head-on car accident, contact the Law Office of Shane R. Kadlec for help exploring your legal options. Call our Harris County wrongful death lawyer today at (218) 585 – 1557 for a no-obligation, free initial consultation.
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